Examining Return-To-Work Issues Under The FMLA

I frequently receive calls from clients involving an employee who is about to use up all of his medical leave, but who has little chance of returning to work — either at the end of his 12-week Family and Medical Leave Act leave period or anytime soon thereafter. Many times these calls involve an employee who has some sort of condition that the doctors cannot quite figure out or who has a workplace injury and simply wants to maximize his workers' compensation claim recovery in any way possible. Either way, the common element is that the company has no indication as to when the employee might return to work. The company therefore cannot make definite plans about how to cover the employee's work duties.