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When employees exhaust twelve weeks of FMLA leave and still cannot return to work due to their own medical impairment, the employer may have an obligation under the ADA to grant additional unpaid leave as a reasonable accommodation, in some situations.
Although the FMLA requires your employer to return you to your former or substantially similar position once your leave is over, this obligation ends once you give notice that you will not return to work.
Can you return after administrative leave? Employees and managers can come back from administrative leave if their investigation concludes that the allegation against them was incorrect. If it was correct, they may be fired or receive a different form of punishment.
When an employee fails to return to work, any health and non-health benefit premiums that the FMLA permits an employer to recover are a debt owed by the non-returning employee to the employer.
HR may request to meet with you during an investigation regarding employee problems such as disputes between coworkers or the violation of company policies and procedures. Even if youre not the central subject of the investigation, HR may call you in for a meeting to discuss any knowledge you have on the matter.
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What Happens If I Refuse? If you dont meet the above exceptions and you refuse to return to work, your employer has the right to terminate you. The exception is if youve reported your employer to authorities about unsafe working conditions. Then, they cannot fire you as retaliation for your complaint.
Request Return from Leave of Absence From the Global Navigation menu. (in the top left of your screen), select the Absence application, Complete the following fields: First Day Back at Work the date you are requesting to return to work. Attach your completed Return to Work form in the Attachments section. Click Submit.
Under the regulations, the employer may recover its share of health plan premiums during a period of unpaid FMLA leave from an employee if the employee fails to return to work, unless the reason for not returning to work is due to, among other things, circumstances beyond the employees control.

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