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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't grant 'FMLA leave' if you're not covered
- Don't rely on software alone to determine employee's FMLA eligibility
- You must follow no-Fault absenteeism policy to the letter
- Check RIF list to make sure it doesn't show bias against employees who took FMLA leave