Q. An employee's been on
A. Many employers mistakenly believe their obligation to provide time off ends immediately after the employee's FMLA time is exhausted. That misconception can be dangerous. Depending on the circumstances, you may have an obligation to continue leave under the ADA's reasonable-accommodation rule.
That begs the question: How much leave is enough under the ADA? The answer depends on the facts. In some cases, courts have said the ADA requires leave that exceeds a year. But employees are not entitled to an indefinite leave of absence under the ADA. Best bet: Always ask the employee's doctor for a return-to-work date you can count on.
- Labor Dept: FMLA still a struggle but not a major growth barrier
- Make sure employees--and bosses and HR--know exactly how to call in FMLA absences
- Want to change the FMLA? Here's your chance
- Inject more oversight, responsibility into flex schedules
- Don't delay termination notice if you're confident you're right