The “100% Healed” Myth: Returning to Work After FMLA or ADA Leave

Many Michigan employees face this scenario after taking medical leave under the Family and Medical Leave Act (FMLA) or while recovering from an illness or injury. They’re ready to return—maybe with minor restrictions or a modified schedule—but their employer insists on “full clearance” or a “no restrictions” doctor’s note before allowing them back on the job.

That kind of blanket policy might sound reasonable, but under the law, it’s not. The Americans with Disabilities Act (ADA) and Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA) both make it unlawful for an employer to demand that an employee be completely recovered before returning to work. These laws are built on the idea of individual assessment and reasonable accommodation—not one-size-fits-all rules.

In simple terms, your employer cannot automatically refuse your return just because you still have some physical or medical limitations. Instead, they must determine whether you can perform the essential functions of your position with or without reasonable accommodations. That could mean allowing a reduced schedule, modifying job duties, providing ergonomic equipment, or temporarily reassigning certain tasks while you continue to recover.

The ADA and PWDCRA require employers to engage in what’s called the interactive process—a good-faith discussion between you, your employer, and sometimes your healthcare provider to find solutions that allow you to work safely and effectively. Employers who ignore this process or rely on rigid “100% healed” policies are often violating federal and state disability laws.

The Laws That Protect Michigan Employees: FMLA, ADA, and PWDCRA

The Family and Medical Leave Act (FMLA)

The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, caregiving responsibilities, or the birth or adoption of a child. During that time, your employer must maintain your health insurance and, in most cases, restore you to the same or an equivalent position when you return.

The Americans with Disabilities Act (ADA)

The ADA picks up where FMLA ends. When your medical condition qualifies as a disability under federal law, the ADA requires employers to provide reasonable accommodations that help you perform your essential job functions. That could include modified work duties, a flexible schedule, specialized equipment, or even short-term telework arrangements.

Importantly, the ADA protects not just your right to time off, but your right to come back to work—even if you’re not fully recovered. Employers cannot refuse to reinstate you simply because you still have restrictions. They must engage in an interactive process to explore options that allow you to return safely and productively.

Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA)

Michigan’s PWDCRA mirrors many of the same protections as the ADA but sometimes goes further, offering broader definitions of disability and stronger remedies for employees. Like the ADA, it requires employers to make reasonable efforts to accommodate qualified individuals with medical conditions or disabilities, rather than excluding them with rigid policies.

FMLA vs. ADA/PWDCRA: Different Goals, Same Protection

Think of it this way:

• FMLA gives you the right to take time off to recover.
• ADA and PWDCRA give you the right to come back—with reasonable accommodations if needed.

Together, these laws ensure that taking medical leave doesn’t become a career-ending event. They exist to help Michigan workers balance recovery with job security—and to hold employers accountable when they make “100% healed” demands that ignore your legal rights.

Why “100% Healed” Policies Are Illegal

A “100% healed” or “no restrictions” policy sounds straightforward—your employer won’t let you return to work until you can perform every aspect of your job without limitation. But in practice, these policies are deeply problematic and often violate disability law.

Under both the Americans with Disabilities Act (ADA) and Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA), it is illegal for an employer to demand that an employee be completely recovered before allowing them to come back to work. Here’s why.

They Ignore Individualized Assessment

The ADA and PWDCRA require employers to make an individualized assessment of each employee’s ability to perform their job. That means your employer must look at your actual medical restrictions and the essential functions of your role—not rely on blanket assumptions about what you can or can’t do.

A “no restrictions” rule skips this process entirely. It treats every employee the same, regardless of their condition or the realities of their job. And that one-size-fits-all approach is exactly what the ADA was designed to prevent.

They Refuse to Consider Reasonable Accommodations

A core principle of both laws is that employees who can perform their job with reasonable accommodations are entitled to do so. A “100% healed” policy effectively denies that right by assuming any restriction equals disqualification.

Failing to consider accommodations is not only unfair—it’s discrimination.

The EEOC’s Position Is Clear

The Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the ADA, has repeatedly stated that automatic return-to-work policies are discriminatory. Employers must evaluate whether an employee’s limitations can be addressed through simple, cost-effective adjustments. Denying work simply because someone isn’t “fully healed” violates both the letter and the spirit of the law.

Examples of Reasonable Accommodations Upon Return

Reasonable accommodations can take many forms, depending on the job and the employee’s needs. Common examples include:

• Modified duties or schedules – temporarily reassigning heavy lifting or adjusting start/end times.
• Temporary reassignment – placing the employee in a comparable role until they can resume full duties.
• Assistive equipment or ergonomic changes – providing standing desks, wrist supports, or adaptive tools.
• Remote or hybrid work (where feasible) – allowing flexibility during recovery.

The Interactive Process: Your Right to Be Heard

Under the Americans with Disabilities Act (ADA) and Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA), this process is not optional. It’s a legal duty designed to ensure that employees with medical limitations are treated fairly and given the opportunity to return to work with reasonable accommodations rather than being excluded.

What the Interactive Process Means

The interactive process is exactly what it sounds like—a conversation. The employer and employee must communicate openly to identify possible accommodations that would allow the employee to perform their essential job functions safely and effectively. It’s not a one-time form or HR email; it’s a collaborative process that considers both medical needs and operational realities.

Each Side Has Responsibilities

The Employee’s Role

• Provide medical documentation: Share relevant information from your healthcare provider about your condition, restrictions, and expected recovery timeline.
• Communicate clearly: Be upfront about what you can and can’t do, and suggest accommodations that could help you perform your role.
• Stay engaged: Respond to follow-up questions and continue the dialogue as your condition changes or improves.

The Employer’s Role

• Evaluate the request in good faith: Consider each restriction individually and determine if accommodations are possible without causing undue hardship.
• Explore alternatives: If the initial request isn’t feasible, suggest other options—like modified duties, reassignment, or schedule adjustments.
• Document the process: Keep written records of all discussions, offers, and decisions. Transparency is key to showing compliance with the law.

Common Employer Mistakes

Unfortunately, many employers mishandle the process, turning what should be a fair conversation into a barrier. Here are some of the most frequent errors:

• Failing to request clarification from the doctor. Instead of asking questions, HR may simply reject the return-to-work note.
• Automatically assuming a restriction makes the employee unqualified. Employers cannot jump to conclusions—each case requires an individualized review.
• Refusing to reassign to open roles the worker could perform. If a temporary or permanent reassignment would allow the employee to stay employed, the employer must consider it.

Returning to Work Shouldn’t Mean Losing Your Rights

Your employer can’t demand perfection—just performance with reasonable accommodation. The law doesn’t expect you to be “100% healed” before you return to work; it expects your employer to engage with you, understand your restrictions, and find practical ways to help you do your job safely.

If you’re ready to return to work after medical leave, you have strong rights under both federal and Michigan law. The FMLA, ADA, and PWDCRA all exist to ensure that recovering workers aren’t punished for needing more time, support, or flexibility. Don’t let outdated policies or HR shortcuts stop you from getting back to work—and don’t assume that a “no restrictions” rule is the final word.

Before you sign any paperwork or accept a refusal to return, talk with an attorney who understands Michigan employment law. A quick legal review can make the difference between keeping your job and losing it unfairly.

If your employer refused to let you return to work after medical leave or demanded that you be “100% healed,” contact Batey Law Firm, PLLC today. We’ll review your situation, explain your rights under the FMLA, ADA, and Michigan law, and fight to protect your job—and your health.

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