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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Unsure about your accommodations obligations? Find out fast--or risk personal liability
- DOL's Trojan horse: 'We're from the government and we can help'
- You're not required to give reservists a post-duty rest period
- Keep FMLA away from absenteeism discipline