Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires

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in Employment Law,FMLA Guidelines,Hiring,Human Resources

Employees who take their full 12 weeks of FMLA leave and can’t return to work lose their FMLA job protection. But that doesn’t mean they’re not still protected by the ADA.

In fact, if an employee who can’t yet return to work asks for a reasonable accommodation—such as additional time off or a reduced schedule until she is ready for full-time work—you should consider the request. That means beginning the interactive accommodations process.

Plus, if the employee does ask for an accommodation when she can’t come back full time yet, that request is a protected action. Employers can’t retaliate against employees who ask for accommodations they believe they are entitled to. That’s true even if it turns out that the employee isn’t disabled under the ADA.

Recent case: Shashi Pandey worked as a social worker for a company that runs several dialysis clinics in Minnesota.
Pandey is from India and claims to have suffered from...(register to read more)

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