May the Employer Require that a Person with a Disability-Related Occupational Injury Return to Full Duty?

Question

May the Employer Require that a Person with a Disability-Related Occupational Injury Return to Full Duty?

April 26, 2017disability-related duty employer injury Occupational person require Return

1 Answer

Can an employer require an employee to reschedule drills, annual training, or any other military duty obligation?
May an employer require a worker to give notice of leaving a job to go on active duty in the military service?
Can an employer require an employee to return to work before they exhaust their FMLA leave?

score 0 · Answer 1 · 2011-02-11T05:23:16+00:00

No. The term full duty may include both marginal and essential functions. The employee with a disability-related occupational injury1 must be allowed to return to work as long as s/he can perform the essential functions of the position and does not pose a direct threat.

May the Employer Require that a Person with a Disability-Related Occupational Injury Return to Full Duty?

1 Answer

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