Q. An employee took
A. It’s not clear why the state would be taking a position on when the employee’s FMLA leave begins. Ordinarily, FMLA leave that is based on the same condition for which an employee is receiving workers’ comp will run concurrently with the workers’ comp leave. The leave should run from Sept. 1 for up to the 12-week maximum.
If the employee takes the full 12 weeks of FMLA and still is not able to return to work, you should consider whether she has a disability protected by the ADA. If so, you should engage in the interactive process with her to determine whether she needs a reasonable accommodation, such as extended leave.
- Feel free to discipline or fire if it's warranted -- regardless of employee's FMLA status
- Prepare for the ADA long haul: Disability accommodation isn't a one-time event
- Employee behavior change can count as FMLA 'notice'
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