THE ILLEGAL “100% HEALED” RULE

Suppose your agency required employees to be 100% medically fit to do all aspects of the job before it would let them return from sick or FMLA leave.  This rule could apply to feds guarding our borders, incarcerating federal prisoners, or even those who travel around their communities performing a federal function. One result of such a rule would be the employees goes without any compensation or is even fired for an inability to do the job.  That is why EEOC considers agency rules requiring employees be 100% healed or fit top do the job to generally be violating the law.  Check out the attached lawsuit EEOC won against a private employer that imposed such a rule. (See “100% Healed Return-to-Work Policy Leads to $950,000.00 Settlement.”