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Full-time leave for medical treatment? Make sure it’s what employee wants

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in Employment Law,Human Resources

When employees become ill, employers can find themselves in a no-win situation. Faced with a sick employee, you may recommend short-term disability leave to receive medical treatment. But that could violate the ADA if the employee neither needs nor wants all that time off.

So before you offer full-time leave, ask what kind of accommodation the employee wants. Consider all the possibilities and document the employee’s request. That way, he can’t come back later and claim you forced him to take leave.

Never impose your own preconception of what is best for the employee.

And don’t try to force leave as a way to have the employee quickly use up his FMLA entitlement. Some people handle medical treatment better than others and may prefer isolated days off rather than a continuous block of time. That lets the employee stretch out FMLA leave beyond the immediate medical crisis.

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