Legal Question in Medical Leave in Ohio

Return to Work - FMLA

The Family Medical Leave Act regulations state, at Section 825.214(a), that "On returning from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment." An employer is not permitted to refuse to allow an employee to return to work, on the ground that the reason for taking the leave has not ended (in this case, the spouse has not returned to good health). Similarly, an employee is not entitled to additional leave on the ground that the condition has not changed. The employer's refusal to allow the employee to return to work could constitute a violation of FMLA, especially if the refusal resulted in the eventual loss of benefits. The purpose of the FMLA is to avoid the loss of benefits and seniority which otherwise would occur upon the employee taking leave for 12 weeks. The employer cannot engage in a subterfuge (such as telling the employee that the employee cannot return until her spouse is recovered) for the purpose of avoiding returning the employee to the former position and the former benefits. On the other hand, if the employee requests an extension of the leave, the employer is not obligated to grant it and is not obligated to keep the position open or the benefits available.