NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES | Q&A | FMLA GUIDE 18
30. What if I can no longer return to work after taking my
FMLA leave due to my condition? Can my employer force
me to come back to work?
No. If your serious health condition requires you to stop working
altogether, you cannot be forced to return. However, your employer is not
required to hold your job for you or to reinstate you after you have used 12
weeks of FMLA leave — unless your state law provides a greater amount
of leave (see NationalPartnership.org/WFDB or NationalPartnership.org/
ExpectingBetter). Once you end your employment, your former employer
has no obligation to provide benets. Your employer is, however, likely
required (under the Consolidated Omnibus Budget Reconciliation Act of
1986 or “COBRA”) to offer you the opportunity to continue your health
coverage, provided you pay the full cost. On the other hand, your employer
may require you to repay the employer’s share of your health insurance
premium paid during your FMLA leave if you do not return to work. An
employer cannot require this if you do not return because of circumstances
that are beyond your control, including an FMLA-qualifying condition.
31. I recently suffered a back injury that makes it impossible
for me to do my job, which requires a lot of lifting. My
boss wants me to continue working at a different position
that requires only “light duty,” but I want to recuperate
completely before I return to work. Can my boss make me
return to work if he accommodates my injury?
No. Under the FMLA, if you cannot perform your job because of a serious
health condition, you are entitled to up to 12 weeks of leave; you are not
required to accept another job that is not equivalent during that time.
You may also be protected by the Americans with Disabilities Act
(ADA), which requires employers to provide reasonable accommodations
to workers with a range of mental and physical conditions, including
temporary or episodic impairments, so long as it does not present
an undue hardship to the employer. The U.S. Equal Employment
Opportunity Commission provides information about rights under the
ADA here: www.eeoc.gov/policy/docs/accommodation.html and here: www.
eeoc.gov/laws/regulations/ada_qa_nal_rule.cfm.