This paper explores the legal issues raised by the employee who is out on leave for a workers' compensation injury and either requests an indefinite leave or stays out on leave indefinitely. In many such cases, the employer is plunged into doubt and confusion as to how to handle such a situation, fearing a claim of retaliatory discharge under ADA, FMLA and state workers? compensation laws. The purpose of this article is to set out a basic structure for approaching this quandary.
Region:
United States
Interest Area:
Employment and Labor,
Compliance and Ethics