Legal Question in Employment Law in Illinois

work leave due to depression

I am an employer, with less than 50 employees, in an at-will state. We have an employee that took a leave of absence due to depression. Prior to her leave she had no diagnosis, and a poor production rating and we considered termination. Now, she is a protected class (correct?) according to ADA. Upon her release from medical/psych care, what do we have to do? Do we need to keep her on? Can we reduce her hours? Or Change her hours? Also, This comes at a time that the business has significantly dropped. We no longer need her position. (we have covered her hours without hiring. For expansion in the future we will need evening hours covered, yet in the past she has refused these, and we expect her to not agree to any evening coverage hours, even if that is all we need) Thank you.


Asked on 8/13/07, 11:34 am

1 Answer from Attorneys
Eugene Hollander The Law Offices of Eugene K. Hollander

Re: work leave due to depression

We have substantial experience in this area, but this matter cannot be handled via a simple e-mail response. The laws involved can be very complicated. Please contact me upon immediate receipt of this e-mail so that we can arrange a conference to discuss.

Gene Hollander

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Answered on 8/13/07, 3:11 pm


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