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Employee must request more leave as ADA accommodation

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in FMLA Guidelines,Human Resources

Employees facing the end of FMLA or other medical leave are sometimes entitled to additional time off as a reasonable accommodation under the ADA. But they have to ask.

Recent case: Luke, a gay physician, had a contentious relationship with supervisors at the hospital where he worked. The conflict may have started with a supervisor’s comment that Luke should look for a job in gay-friendly San Francisco. It ended when Luke took FMLA and other extended medical leaves. He was then terminated.

Luke sued, alleging he should have been provided additional time off.

But the court tossed out the case, noting that Luke never made a request for more time, nor did he fill out the hospital’s form for requesting accommodations. Because he didn’t ask, he wasn’t entitled to more time. (Romero v. County of Santa Clara, No. 11-CV-0481, ND CA, 2014)

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