Quick answer: Not quite. A doctor’s restriction does not mean an employee is unable to return to work. If the employee has limitations, you need to determine whether they can perform the essential functions of their job. If that is impacted by their ongoing medical issue, you need to consider whether you can offer a reasonable accommodation that would enable them to do their job.
Question: My employee is set to return from medical leave in about two weeks. I want to make sure there is no risk in bringing them back. I know I can’t terminate them for having a medical issue, but can I keep them on leave if their doctor says there are not any work restrictions? I don’t want the liability.
The Legal Side: Requiring an employee to be “100% healed” before returning to work is not a good idea. Simply having that policy violates the Americans with Disabilities Act (ADA) as well as many state and local laws.
If the employee’s healthcare provider releases them with restrictions, your next step is the interactive process. You need to determine what those restrictions actually prevent the employee from doing and compare them to the essential functions of the job. If the employee can perform those essential functions with or without a reasonable accommodation, you need to bring them back.
This is exactly why we insist that an accurate job description is one of the most important HR tools you can have. If the doctor says the employee cannot lift more than 20 pounds, we need to know whether lifting more than 20 pounds is truly an essential part of that employee’s job. You do not want to be trying to figure that out for the first time after someone returns from medical leave.
And even if the employee cannot perform an essential function yet, that does not necessarily end the analysis. Depending on the circumstances, you may also need to consider whether additional leave or another accommodation would allow them to return within a reasonable period.
The standard is not whether bringing them back feels completely risk-free. It is whether they can perform the essential functions of their job, with or without a reasonable accommodation, and whether any proposed accommodation is reasonable for your business.
The Human Side: A restriction from a doctor is not a reason to automatically keep someone home. It is a reason to start asking more questions.
Once an employee has been released to return to work, even with restrictions, that does not, by itself, increase your liability. In fact, keeping someone out simply because they have restrictions, without assessing those restrictions, automatically creates liability.
Ask what the employee can do, what they cannot do, how long the restriction is expected to last, and which actual job duties are affected. Then determine whether a reasonable adjustment will allow them to come back and do the essential parts of the job.
The goal should be to get the employee back to work as soon as they can safely and effectively perform their job, not to wait for a doctor to declare them “100% healed.” That may never happen, and that doesn’t mean they can’t work.
Don’t try to make this call by yourself. If you’re a CEDR member, send us the restrictions and the employee’s job description. We can help you work through the interactive process and determine what happens next.
No. A blanket “100% healed” or “no restrictions” requirement creates legal problems. If the employee can perform the essential functions of the job with or without a reasonable accommodation, you need to bring them back.
Not simply because you are concerned about liability. Once an employee has been released to return, even with restrictions, the decision should be based on the actual restrictions, the essential functions of the job, and whether a reasonable accommodation is available.
Don’t automatically send the employee back on leave. Review the restrictions against an accurate job description, identify the essential functions of the position, and engage in the interactive process to determine whether the employee can return with a reasonable accommodation.
How do I handle an off-cycle raise request?
What should I do when an employee has a bad reaction to a PIP?
Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
Did overtime become tax-free? No. The law created a federal income tax deduction for the premium portion of qualifying overtime...
Employers have always needed to be vigilant about complying with immigration laws, most especially with federal I-9 forms and E-Verify...
You can generally require that an employee use their paid vacation time toward any time off they take.
