Legal Question in Medical Leave in Indiana

employee has cancer

Is it legal to refuse to work a employee who is on intermittin fmla

when the doctors gives permission to return to work as the patient feels he is able while going through chemo treatments?


Asked on 6/12/09, 7:33 pm

1 Answer from Attorneys

Andrew Dutkanych Biesecker & Dutkanych

Re: employee has cancer

Generally, if you are able to work and your physician has cleared you, then you should be returned to work. In other words, an employer can not force you to use FMLA leave. Te Employer's refusal to allow you to work as a result of its misperception of your chemo and its effects may also violate the American's with Disabilities Act. You may want to seek a formal consultation with an attorney to obtain more specific advice regarding your specific situation. If you would like, I may be contacted at ad@bdlegal or the telephone number in my profile.

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Answered on 6/12/09, 9:33 pm


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