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Consider more leave, different job as ADA accommodation after FMLA leave expires

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in FMLA Guidelines,Human Resources

When an employee works in a demanding position and has a medical crisis, he may not be able to return quickly to his old job. It’s en­­tirely possible he may use all available FMLA leave and other accrued leave and still receive clearance to work.

That doesn’t mean his employer isn’t obligated to try to reasonably accommodate him. If it is clear the employee can’t perform his former job, make every effort to come up with work he can safely do. If he needs more time off, grant it. Those good-faith efforts show you take your ADA responsibilities seriously.

They also minimize the chance that he will file—and win—a discrimination lawsuit against you.

Recent case: Jeremy was a locomotive engineer for the Soo Line Railroad, responsible for safely operating trains that can take up to a mile and a half to come to a stop in an emergency. It’s difficult work. Engineers are often on call 24 hours per day and may work long hours for day...(register to read more)

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