SW Legal Educational Publishing

Employer Need Not Reinstate Employee Who Cannot Perform Functions of Job After 12 Week Leave
Description Appeals court affirmed dismissal of a suit filed by an employee who was held medically incapable of performing the duties of his job after he had taken the 12 week leave allowed under the FMLA. The employer had no obligation to reinstate the employee after the 12 week period expired.
Topic Employment Law
Key Words Family and Medical Leave Act; Reinstatement
C A S E   S U M M A R Y
Facts Reynolds worked in a shipping department, doing a job that required a lot of heavy lifting. He was in a car accident that prevented him from lifting, so he took medical leave. After almost a year, the medical evaluation was that he still could not do heavy lifting. His employer dismissed him. Reynolds sued, claiming violation of the Family and Medical Leave Act. The district court dismissed the suit, holding that the Act had not been violated. Reynolds appealed.
Decision Affirmed. Reynolds could not succeed on his claim against his former employer under the FMLA for failure to restore him to his position in the shipping department, given the medical evaluation that he could not perform the essential functions of his position at the end of the 12 week period provided under the FMLA.
Citation Reynolds v. Phillips & Temro Industries, Inc., 195 F.3d 411 (8th Cir., 1999)

Back to Employment Law Listings

©1997-2001  South-Western, All Rights Reserved