As Americans turn a corner on COVID-19 vaccination levels, more employers are requiring employees to return to the office. This begs the question: What happens if an employee refuses to come back? Atlanta partner Ann Murray spoke with the Society for Human Resource Management on this employment and labor topic.

While refusing to return to the office may be a terminable offense in some cases, the Equal Employment Opportunity Commission (EEOC) sees that option as a last resort, with disability leave as a second-to-last resort. If leave is granted for a specific time period, Murray points out how some state laws may offer a system of checks and balances. "If leaves are extended, it is important to consider how benefits are impacted and when applicable state law may disregard the leave of absence and deem the employee to have been terminated," she said.

Murray focuses her practice in the areas of employee benefits and executive compensation, providing clients with a business-oriented and practical approach to staying in compliance with the ever-changing rules. She also frequently writes and speaks on executive compensation, employee benefits, and other pressing topics in employment and labor law.

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