Sometimes, employees with serious medical conditions need more than 12 weeks ofto fully recover. Employers that choose to provide more leave or determine that it would be a reasonable accommodation to do so can extend the time off.
But the employee loses some rights in the move. For example, the right to reinstatement to the same or an equivalent job isn’t clear.
Recent case: Patricia was a police dispatcher before she took 12 weeks ofleave for childbirth. Before returning, she was injured in an auto accident and took more leave under a short-term disability program.
When she returned, she was placed in a different job. She sued, alleging FMLA violations.
The court rejected her claim, reasoning that once she had used up her FMLA leave, she didn’t have the same reinstatement right she otherwise would have had. (Karaffa v. Township of Montgomery, No. 13-2110, 3rd Cir., 2014)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Feel free to deny FMLA leave to employee who alters medical certification
- Remind bosses: Handle FMLA requests stoically, even if they'll cause scheduling problems
- We're going to be slammed this month! Must we let employee remain on FMLA leave?
- The FMLA and domestic partners