Employee not ready to return after FMLA leave? She may be eligible for additional unpaid leave — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employee not ready to return after FMLA leave? She may be eligible for additional unpaid leave

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Do you have a rule that says employees who aren’t ready to return from FMLA leave when their time is up face termination? If so, consider providing at least limited flexibility under one circumstance.

If the employee also qualifies as ­disabled under the ADA, she may be entitled to additional leave as a reasonable accommodation. That’s especially true if she has received a definitive return date from her doctors and only needs a little more unpaid leave to recover sufficiently to perform her job’s essential functions.

Here’s how to approach such cases: If the em­­ployee requests reasonable accommodations, engage in the interactive process as required by the ADA. That means listening to her limitations and suggested accommodations and evaluating whether they are reasonable and possible. If she has a definite return date in the not-too-distant future, consider providing extra time off.

On the other hand, if she doesn’t have a ...(register to read more)

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