Legal Question in Medical Leave in Ohio

Re: lower back pain

The FMLA does not require employers to make accommodations. If, after taking 12 weeks of leave, an employee is not able to perform the essential functions of his/her position, the employer has no duty to restore the employee to his/her position or an equivalent position. However, as long as the employee has expressed an interest in returning to his/her position, the employee retains the right to restoration until the 12 weeks of FMLA are exhausted. If, before the expiration of the annual 12 weeks of FMLA, you are able to perform the essential functions of your job, then the employer is required to restore you to your position or an equivalent position with equal pay and benefits. A key issue under the FMLA is whether the lifting over ten pounds is an �essential function� (as opposed to a marginal function) of your job. If it is not an essential function, then arguably, you have the right to restoration to your position or an equivalent position (with the same pay and benefits and similar responsibilities).

Another significant issue is the employer�s obligations under federal and Ohio disability laws. IF your condition constitutes a disability (and that is a very big �if�), unlike the FMLA, if you are able to perform the essential functions of your job with an accommodation, then the employer is obligated to provide an accommodation. A reasonable accommodation can include, among other things, finding a suitable alternative position. A lifting restriction is a lifting restriction. From the employer�s perspective, it does not matter that the restrictions were identified for a job in shipping unless other aspects of that job may have factored into the physician�s imposition of the lifting restriction. This is something you should discuss with your physician. If you think that the employer is unreasonably delaying your return to work or is not engaging in a interactive process with you in identifying a reasonable accommodation, you should consider filing a charge with the Equal Employment Opportunity Commission and/or seeking consultation from an employment attorney in your area. These matters are very, very fact specific and difficult to fully assess in a forum such as this.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.