What if an employee cannot perform essential job functions after FMLA leave?

If an employee cannot perform the essential functions of their job upon returning, FMLA does not require job restoration.
However, the employee may have protections under the Americans with Disabilities Act Amendments Act (ADAAA).
Agencies should consult legal counsel to determine next steps and reasonable accommodation options.
For more information, visit the State of Tennessee Attendance and Leave Manual.
 

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