Not every employee can be expected to get right back to their original or an equivalent position after a major accident or an operation. If an employee comes back too soon, he or she might not have a fair shot at succeeding in the original position and it might be hard to find a reasonable accommodation required under the ADA. If he or she waits too long to come back, opportunities might be lost or the employee’s desire to return to work could be diminished.

HR plays an important role in the timing of a return to work. Managers and their employees may press for an immediate return to work, but HR often should steer them toward a more gradual re-entry.

It is important not to prejudge what a returning employee will be able to do. Assumptions about the person’s medical condition are not enough. A good way to approach the transition is to talk with the employee long before the return. Managers need to be trained to make sure that HR is involved in conversations to make sure that the employer is protected. For example, it is not a good idea to make promises about flexible arrangements when it is not clear what kind of work, if any, the person will be able to perform when he or she gets back on the job.

It is a good idea to make medical certifications part of standard operating procedure. Requiring certification in any situation involving the ADA or FMLA is good policy because it means the documentation is there and it won’t need to be asked for later.

Employees at the managerial level or higher are often eager to return sooner than they should. HR should contact these workers and let them know they can’t let them work until they get a medical release. It is important for HR to handle this message with great sensitivity and compassion.

If someone has returned to their original position and it isn’t working out, it is important to engage them in an interactive conversation. Under the ADA, this process can limit an employer’s liability by showing good-faith efforts were made. In a situation where a worker has exhausted his or her FMLA leave, the ADA and state leave obligations may remain.

Under the ADA, the employer may have to consider a transfer to a vacant position as an accommodation. This should all be done with ongoing conversations with the employee, who is probably aware that there are problems.

When possible, a gradual return makes good sense. Letting the employee work less than full time for a period of time may be the best compromise for everyone. Intermittent FMLA leave can fill in for the time off.

Continuing to pay the employee out of sympathy may actually hurt that person in the long run if it prevents him or her from being eligible for insurance benefits. Ultimately, it is important to remember that success may look different after the death of a spouse or after an accident. Going the extra mile to do whatever you can for the employee is not the law, but it is human nature.