Legal Question in Disability Law in Florida
can someone be instructed by their boss to resign while on FMLA
While on FMLA (8 weeks), after a DR appt, a friend of mine contacted her boss stating that she was released to go back to work with minor standing/walking restrictions. During the conversation the boss told her that she needs to just resign her position. Later he told her that HR said that she has 4 weeks left of FMLA and if she couldn't return free of restrictions then she would no longer have a job. What should she do?
1 Answer from Attorneys
Re: can someone be instructed by their boss to resign while on FMLA
She should go back to the employer with her restrictions and find out what job she can do. If she cannot perform her old job, she needs to request an accommodation so that she can continue to work. This request should trigger an 'interactive process' with the employer, employee and the employee's doctor to determine what sort of job the employee can do, what sorts of accommodations are necessary and what sorts of accommodations are reasonable.
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