If the physician sends Human Resources a certification stating an employee cannot perform all of the duties of their job, you are not required to allow the employee to return to work even if the employee can perform some of the duties. The employee would continue to be eligible for time off under FMLA up to a maximum of twelve weeks. However, the employee can request an accommodation under the American's with Disabilities Act and if eligible, you would be required to provide the accommodation and allow the employee to return to work. If the physician states an employee can perform all of the job duties, but needs to work a reduced or intermittent schedule, you would be required to allow the employee to return to work.

Setting aside the legal obligations, it may benefit your operation and the employee to permit him/her to return to work with some restrictions. As stated above, you are not required to do so, but it is an option. It will be important to ensure that the employee's physician has released him/her for the activities to be performed.