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Weigh ‘reasonableness’ when considering ADA time off after employee has taken FMLA leave

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in FMLA Guidelines,Human Resources

By now, you probably realize that an employee who can’t return from FMLA leave right away because she hasn’t improved or recovered enough may be eligible for more time off as a reasonable accommodation. That’s the case if her condition qualifies as a disability and a short but definite additional leave period would allow her to once again do her job.

What you may not realize is that while FMLA is an entitlement, ADA-focused leave isn’t. A variety of factors may make more time off un­­rea­­son­­able, a factor you should consider when assessing whether you will offer more time off.

The bottom line is that if you can show that the financial and logistical costs are unreasonably high, you don’t have to extend time off as an ADA reasonable accommodation.

Recent case: Comfort worked as a licensed practical nurse (LPN) in a senior living facility in Eden Prairie. She was responsible for 160 assisted-living patients on the overnight...(register to read more)

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