An employee’s return after an illness or leave involves important legal steps you must follow. California law sets specific rules for reinstatement and workplace accommodations. By enforcing the correct procedures, you can stay compliant with state employment laws. This also helps you avoid potential legal claims.
Request for a medical clearance
Before the employee returns, ask for a “fitness-for-duty” certification. This confirms the employee can perform the job’s essential duties. It may also list work restrictions that limit what tasks the employee can do. For example, the employee may need to avoid heavy lifting or periods of standing.
Note that your requests must relate strictly to the job. The Fair Employment and Housing Act (FEHA) prohibits employers from asking for specific medical records or an underlying diagnosis.
Reinstate the employee’s position
Once you receive the clearance, you may allow the employee to return to work. The role, pay and benefits you provide should still match the prior job. The employee may also be entitled to receive raises or new benefits that took effect during the absence.
According to FEHA, an employer cannot cut pay or demote the employee without a valid reason. Such actions may lead to discrimination or retaliation claims under California law.
Provide reasonable accommodations if needed
If the employee has work restrictions, consider possible accommodations. FEHA requires an “interactive process” to determine reasonable modifications. This means you should talk openly with the employee about their needs. The collaborative process should be ongoing until you identify a workable solution.
Accommodations may include:
- Adjusting work schedules
- Assigning light-duty tasks
- Providing assistive equipment
- Setting up ergonomic workstations
If a specific accommodation creates an “undue hardship” for your business, you are not required to provide it. However, you are encouraged to find reasonable alternatives before rejecting a request.
Maintaining compliance with California employment standards
As a business owner, you want employees to have a smooth transition back to work. However, California’s return-to-work laws involve many specific obligations. Without guidance, these are often easy to overlook.If you are uncertain whether your leave policies protect your best interests, consider a legal review of your procedures. This can help you evaluate your business’s compliance with California employment laws.