Q. If an employee exhausts his 12 weeks of
A. You should not have a blanket policy that calls for termination if employees are unable to return to work after exhausting their . Each situation needs to be reviewed on a case-by-case basis. Although an employee who is unable to return to work after exhausting his FMLA leave entitlement isn’t entitled to job reinstatement under the FMLA, you still need to review the situation in light of your obligations to accommodate disabilities under state and federal laws.
For example, if the employee says he needs only a short additional leave, you’ll want to review this as a request for an accommodation under the ADA and determine whether the additional leave is “reasonable.” Given that you’ve already accommodated the leave under the FMLA, it could be a challenge to articulate reasons why a short extension will cause an undue hardship on your organization.
- What are our notice requirements for responding to an employee's FMLA request?
- Is return to work after workers' comp guaranteed?
- Document reason for terminations after FMLA
- Remind employees: FMLA doesn't promise reinstatement if leave extends beyond 12 weeks
- Vets entitled to same job, not necessarily same location