Great Lakes ADA and Accessible I T Center

October 2004
Volume 1, Issue 3
The Docket
6th Circuit Court of Appeals Rules Employee is entitled to Job Restoration Upon Return to Work

The U.S. 6th Circuit Court affirmed the argument of Lori Hoge, an employee of Honda of America Mfg. Inc, (Honda), that she was entitled to be restored to her job or an equivalent job under the provisions of the Family Medical Leave Act (FMLA). Ms. Hoge was injured in a non-work related accident and requested leave time under the provisions of the FMLA. Upon completing her rehabilitation she was given permission to return work. Honda delayed her reinstatement citing the difficulty associated with changing the tooling and engineering due to introducing a new model. Honda did not dispute that Ms. Hoge was entitled to restoration, but argued that they did not violate the law because they addressed her restoration in a timely manner. The Court did not agree.