Do we need to offer FMLA leave if the employee will be unable to work when it’s over?
Q: We are a trucking company and we have to follow DOT regulations. We have a driver who has had a bypass operation and now has a defibrillator. When he first went out on leave I mailed his FMLA papers, but since then he has called us and told us that he now has a defibrillator, which means according to DOT he can no longer drive a truck. Do we still need to give this driver 12 weeks of FMLA time since he will never be able to return to work? – Anonymous, Nebraska
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