WEBVTT

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Last week, I heard that one of our guys who's
supposed to be on FMLA leave with a bad back

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was out mowing his lawn.

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Now, as short handed as we are, isn’t there some
way I can make him come back to work right away?

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As tempting as it may be, when an
employee is on an FMLA leave,

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you can't demand that he or she come back to work;

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even if you offer to make a reasonable accommodation,

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like a flexible work schedule or
assignment to light duty work.

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In fact, not only can't you ask them to return to work,

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you also can't ask the employee nor the employee's friends,

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relatives and acquaintances for any updates
regarding the employee's condition.

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What you can do is inform HR about the situation.

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They may ask that the employee
provide a medical re certification

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that he still suffers from a serious health condition.

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Keep in mind, though, that just because
someone can mow the lawn for 30 minutes

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doesn’t mean they can do a full
or even partial day of work.

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Sitting at a desk might well make back pain worse,

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while simply walking behind a mower could be a form
of light physical therapy that might make it better.

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Once an employee does return to work, the
most important thing for you to know

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is that with very few exceptions, the employee
has the right to return to the same job,

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with the same benefits and compensation.

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So, don't make the mistake of hiring someone
to take their place while they're gone,

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and then finding something else for the
employee to do when he or she returns.

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Once they return, you also can’t hold the
leave against them in giving raises,

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promotions or other benefits. For example, if your
organization gives out perfect attendance bonuses,

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you can’t consider the FMLA leave time.

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If employees had perfect attendance except for the
FMLA leave, they are entitled to the bonuses.

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If you rate on their level of production,

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you can’t count the time they did not
meet production goals while on FMLA.

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Or if the employee is a salesperson with regular,
recurring accounts that pay monthly commissions,

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the employee is entitled to those
commissions even when they’re on leave.

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And maybe it’s obvious, especially if you
want to create a respectful workplace.

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But supervisors and co-workers should never
harass an employee about taking FMLA leave.

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Making so-called jokes about their absence, or snide
comments, could very well be illegal harassment.