That is naturally not uncommon and they continue to get healthcare benefits. They are not eligible for FMLA, because FMLA is a leave policy and someone who is still working is not eligible for FMLA leave. But if the employee is on Workers Compensation and they have got restrictions on accommodation, yes. If Workers Compensation and ADA is formalized and you go to the interactive process and you document what the accommodation is and you know how long the accommodation will last.
In this case the reason is carpel tunnel – the ADA doesn’t allow you to do the physical ability assessment on an employee. The ADA allows the employees’ doctor to tell you what functions of the job they can’t perform with their specific disability and how they could be accommodated. Physical ability assessment is what you do when you hire people and it could be something that you can require all employees have when they return to work after they have been gone on medical leave for more than 3 weeks, 2 months or 3 months.
After FMLA and CFRA when you do a physical ability assessment you can only require them to evaluate the body part that was impacted by the serious health conditions. So it is not a physical ability assessment it is a very explicit medical certificate that you want the doctor to say what functions of the job that the employee can do with his/her disability.
