QUESTION
My husband has been out on sick leave for several months his doctor said he cant return until July 2012 but the onsite doctor for the company said he
Asked on Apr 12th, 2012 on Labor and Employment - Louisiana
More details to this question:
must return immediately although he is taking drugs that make him dizzy and light headed .. If he does not return when scheduled he will be considered AWOL he has been working there for 30 years....can they do this? Should he try & go Im afraid they will try to terminate him when he returns.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
It sounds like your husband has been out on leave for more than 12 weeks. If that is so, the employer is not required to protect his right to return to his old job while your husband is on leave. The Family Medical Leave Act only requires covered employers (employing at least 50 employees in a 75 mile radius) to provide 12 work weeks of protected leave to eligible employees (employees who have worked at least 12 months for the employer and have completed at least 1250 hours of work) to employees suffering from a serious health condition.
Michael Caldwell
404-979-3150
Answered on Apr 13th, 2012 at 3:11 PM