If you immediately fire employees who have used up their—without considering whether they may be disabled and need reasonable ADA accommodations—you may be making a big mistake.
Instead, let the employee know you want to begin the interactive accommodations process right beforeleave runs out.
Recent case: Joseph White worked as a truck mechanic, a physically demanding job. While off-duty, he fractured his leg. White went out on FMLA leave. Before it expired, his employer asked him to suggest possible reasonable accommodations. When White offered none, he lost his job.
He sued, alleging ADA violations. The court tossed out the case, reasoning that the employer did everything right. It reached out, tried to find accommodations and found none. (White v. Interstate, No. 11-5063, 6th Cir., 2011)
- Instead of firing after FMLA and disability leave, consider reasonable accommodations
- What factors should I consider before firing a new employee for excessive absences?
- Put an immediate stop to co-worker harassment over FMLA use
- Labor Department's proposed FMLA rules tackle military family leave
- Sample Policy: Flexible Scheduling