In Lombardo v. Air Products and Chemicals, Inc., No. 05-1120, 2006 U.S. Dist. LEXIS 46077 (E.D.Pa. July 7, 2006), the court found that Mr. Lombardo did not have the FMLA right to return to work from FMLA leave because, at the expiration of his 12 weeks of leave, he could not perform all of the essential functions of his warehouse position. An essential function of his job was lifting and reaching for heavy objects. At the expiration of his 12 weeks of FMLA leave Mr. Lombardo could, at best, have returned to work with lifting and reaching restrictions. The FMLA, the court found, does not require that an employer make job accommodations in order to facilitate an employee’s return from FMLA leave. Air Products was not, therefore, obligated by the FMLA to reinstate Lombardo to his same or equivalent position, the court found.
Comments: The FMLA right to return to work on the conclusion of the need for FMLA leave is conditioned on the employee's ability to perform all essential job functions. Of course, the requirements of other applicable laws and/or an employer's more generous policy or practice may permit or require an employer to return an employee to work even though they are unable to perform all essential job functions.
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