you are entitled to 12 weels of Family Medical Leave per year, you do not need to take all 12 weeks at once. If a worker exhausts all their FMLA leave, are you (employer) obligated to grant additional time under the ADA? ANSWER: YES (Sharon and the HR Morning Team MORNING WEBSITE)
“One company thought it was well within its rights to terminate an employee after she used her 12 weeks under FMLA and demanded another 3 months of medical leave before she'd return to work. But a court in Florida disagreed and the company was ordered to pay damages. The court ruled that despite what a company's policy says, additional leave under the ADA must be considered when a disabled employee exhausts his or her FMLA time and still needs additional time off to recover.
So the court looked at whether the three additional months of leave Mina requested would've caused undue economic hardship on the company.
The determination: The Company was used to high turnover rates, so it could've reasonable accommodated Mina by keeping her on a reserve roster until she recovered.)
Analysis: ADA leave must be considered as well.
“Policies that automatically terminate employees for not returning to work after exhausting their 12 weeks of FMLA leave - without taking ADA leave into consideration - are being shot down left and right in courts.
Bottom line: Leave policies must leave room for the ADA accommodation process - even if it means employees get to take more than the 12 weeks allowed under FMLA.
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