Q. We have an employee who has exhausted his, 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 forleave 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.
- You can't directly call doctor for FMLA information
- How should we handle documents containing info about employees' medical conditions?
- Must we indefinitely retain injured employee who has been out on workers' comp?
- If business takes a turn for the worse, do we still have to hold job after FMLA?
- Tell supervisors: No matter the inconvenience, never interfere with employees' FMLA rights