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
- Need to fire someone with known medical issues? Be prepared to prove your good faith
- Do we have FMLA reinstatement obligations if employee asks for leave and then quits?
- Is there such a thing as intermittent childbirth leave?
- You can rely on 'negative' FMLA certification