Labor/Employment
Nov. 29, 2012
Working while on medical leave -- a court speaks
Can an employer refuse to reinstate an employee that it discovers is working another job while on medical leave? A recent opinion sheds some light on the situation. By Peter Brown and Leighton Davis
The state Court of Appeal sent a clear message earlier this month when it vacated an arbitration award in favor of a car dealership that fired a sales manager for working while using family and medical leave: employees do not waive those statutory leave rights by agreeing to settle employment disputes through arbitration, and employers better have proof that an employee engaged in misconduct to deny reinstatement from such ...
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