If your employee uses all 12 weeks of FMLA leave and still can't return to work, do you have to leave his/her job open? According to the EEOC, and many courts, yes. The Seventh Circuit, however just handed down a ruling that seems to say "No".  You may be asking, "What do you mean seems to say? Either it does or it doesn't". Well, I understand the thinking, but bear with me here. As you know, employment cases most often turn on their specific facts and this one is no exception. We're going to look at these facts, what the court said, and of course, what you, as employers can and should take from this case, so read on...

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