Sometimes, employees develop medical problems and use up their available leave under theor other leave programs before they get a definitive diagnosis. Think about offering them additional time off.
Recent case: Prison psychologist Iris Cohen handled a double caseload with no problems and earned good reviews. Over time, she became fatigued and used up her leave. Then she was diagnosed with profound progressive iron deficiency.
Her doctor said she needed 10 weeks of treatment. Cohen requested leave as an accommodation. When she was turned down, she sued.
The California Court of Appeal said a finite leave of absence can be a reasonable accommodation, even if the employee has no other leave available. (Cohen v. CDCR, No. B226762, Court of Appeal of California, 2nd District, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Get Certification Before Granting FMLA Leave
- Keep FMLA away from absenteeism discipline
- Beware 'injury discrimination' suits for failing to treat injured workers like other employees
- Employees can't cry 'retaliation' if they're not eligible for leave