Q. If an employee exhausts his 12 weeks of
A. You should not have a blanket policy that calls for termination if employees are unable to return to work after exhausting their . Each situation needs to be reviewed on a case-by-case basis. Although an employee who is unable to return to work after exhausting his FMLA leave entitlement isn’t entitled to job reinstatement under the FMLA, you still need to review the situation in light of your obligations to accommodate disabilities under state and federal laws.
For example, if the employee says he needs only a short additional leave, you’ll want to review this as a request for an accommodation under the ADA and determine whether the additional leave is “reasonable.” Given that you’ve already accommodated the leave under the FMLA, it could be a challenge to articulate reasons why a short extension will cause an undue hardship on your organization.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't delay paperwork for FMLA leave
- HR staffing: Those who handle discipline shouldn't have access to FMLA info
- Be sure to document if worker says she doesn't need leave
- How to avoid the FMLA 'no-fire' zone: Prorate performance goals to account for FMLA leave