"Reasonable Accommodations"

We get questions…

An employer called with this inquiry: “one of our employees has been on leave under The Family & Medical Leave Act (FMLA) for a serious health condition and the 12 weeks have expired.  The employee has not come back to work and the most recent medical note states that the employee will

Courts have held that generally employees are not obligated to make a temporary assignment permanent where an employee requests reasonable accommodation because of a disability.  This falls in line with the idea that employers are not expected to create as a form of accommodation new positions that did not previously exist.  Recently, however, this notion

This guest post was authored by Judith Islas

Disability-Sign.jpgDoes an employee who retired because of disability, but is now medically cleared to return to work, have the right to get his old job back?  And, does the employer have an obligation to engage in the interactive process and agree to reasonable accommodations whenever a former