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If FMLA leave has expired, when must we grant additional time off?

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in FMLA Guidelines,Human Resources

Q. We have an employee who has exhausted his FMLA leave, but wants additional time off. Do we have to grant his request?

A. Maybe. It depends on the employee’s reason for asking for more time off. If the employee’s reason for FMLA leave is to care for his own serious health condition, he may have a “disability” under the ADA.  

Employers subject to the ADA have an obligation to reasonably accommodate employees who are qualified individuals with a disability.

If the employee’s condition does constitute an ADA disability, a reasonable accommodation may be providing additional time off at the expiration of FMLA leave.

Keep in mind, however, that employers are not required to make an accommodation that would impose an undue hardship on their business. You should engage in an interactive process with the employee to determine whether additional time off is a reasonable accommodation.

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