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Can we terminate employee who has used all FMLA leave but still needs time off?

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in Employment Law,FMLA Guidelines,Human Resources

Q. Can we terminate an employee who has exhausted his FMLA leave but needs additional time off to care for his serious health condition? Or must we provide additional leave?

A. The law doesn’t require you to provide additional leave to the employee if the employee has exhausted his 12 weeks of FMLA leave within a rolling 12-month period. You can certainly provide additional leave, but it will not be FMLA-protected leave.

If you want to terminate the employee, however, make sure his health condition does not qualify as a disability under the ADA. If it does, you must provide a reasonable accommodation to the employee, which may include additional time off to care for his serious medical condition.

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