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.
- Attendance policies: Control absenteeism without breaking the law
- Don't be an FMLA mind reader; demand notice
- You may have to agree to part-time schedule after employee returns from FMLA leave
- How to prevent leave double-dipping: Prohibit vacation travel during paid FMLA leave
- Don't factor in FMLA when making RIF list