Under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., an eligible employee may generally take up to 12 workweeks of leave during any 12-month period due to the employees own serious medical condition or one of a family member. Many employers struggle with how to deal with an employee who is medically unable to return to work after exhausting all other available leave.
Employers must be aware that even if an employee has exhausted all leave under the FMLA (or even if the employee was not entitled to FMLA leave in the first place), the employee may have rights to additional leave under the Americans with Dis abilities Act (ADA) since courts have routinely recognized the grant of leave a type of reasonable accommodation under the ADA. In order to determine whether the employee is entitled to any additional leave, the employer should consider:
1) whether the request for additional leave is for a finite period of time;
2) whether the employee can provide the requested documentation which includes the expected duration of the additional leave; and
3) whether the leave, if allowed, would pose an undue hardship on the employer.
If you have questions about how these laws might affect you, contact the law firm of Wilhelm & Roemersma today to speak with one of our experienced attorneys.
THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE. IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.& ;