Some employees have a knack for using up all their earned leave early in the year. Then they ask for more time off, unpaid if necessary.
Employers know they may have to accommodate disabled employees by granting additional time off. But what about employees who, although they aren’t disabled, still claim run-of-the-mill illnesses prevent them from working?
You can and should set strict standards for further leave.
Recent case: When Joseph DiMemmo exhausted his and sick leave, he tried to get more time off under his employer’s extended leave plan. The employer said he had to get a doctor’s note.
He balked, was suspended and then he sued. The court said the employer was within its rights to demand a medical explanation. (In re DiMemmo, No. A-2025-08T1, Superior Court of New Jersey, 2009)
- When FMLA and ADA could be factors, consider both laws before denying return to work
- How to identify (and reverse) employee disengagement
- Be sure managers know they can't discipline employees for using FMLA
- Set separate notice rules for FMLA and regular absences
- If business takes a turn for the worse, do we still have to hold job after FMLA?