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What should we do once an employee exhausts FMLA leave?

by on
in Employment Law,FMLA Guidelines,Human Resources

Q. We are a large company and are dealing with a situation with a sick store manager. He has used up all his FMLA leave and is still not able to return to work. Can we safely terminate his employment now?

A.
No. Even if his FMLA leave is exhausted, he may still be protected under the ADA, depending on the facts.

If he is protected, then you have a duty of reasonable accommodation, which may require you to provide him with additional leave or provide him with an available job for which he is qualified.

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