Got to get back: An FMLA case

Description

Abstract: Many employees who take leave under the Family and Medical Leave Act (FMLA) maximize their time off to rest and fully recuperate. But this article looks at a case in which the plaintiff sued his employer for not reinstating him earlier than the 12 weeks to which he was entitled. His contention was that the FMLA requires an employer to restore an employee to the position he’d held at the time FMLA leave began or to an equivalent position. The court’s decision came down to whether the plaintiff was able “to perform an essential job function” during his leave. James v. Hyatt Regency Chicago, No. 12-1511, February 13, 2013 (7th Cir.)