Legal Question in Employment Law in Illinois
I have been on medical leave and have received a release statement from my doctor which states that I can return to work this coming monday but for only 2 - 4 hours for the first week and 4 - 6 hours the 2nd week and 6 - 8 hours the third week with no time limitations starting the 4th week, I also have weight restrictions of 10> for those 3 weeks. I received a letter today from my employer stating that returning to work on a part time basis will not work for them and that they need a statement from my doctor stating when I can return to work on a full time with no restriction basis. Can they do this? Also I feel like this is a set up and that they are in the works of letting me go. They are in a major financial crisis and I think they are looking for any way to let full time staff go. I need an answer ASAP. I live in Illinois in Ogle County.
Thank you.
1 Answer from Attorneys
If you are on Family Medical Leave Act (FMLA) time off, your employer is not required to allow you to return to light duty. But, if your medical condition qualifies as a disability under the Americans with Disabilities Act (ADA) your employer might be required to explore a light duty/modified work situation with you.