Employees who qualify for protected leave under the Family and Medical
Leave Act (“FMLA”) can take up to twelve weeks of leave without
fear of losing their job. The FMLA affords employees the opportunity to
address injuries and illnesses – but what happens when an employee
is unable to return to work once their FMLA protected leave expires? Most
employees who are unable to return to work will likely lose their jobs.
However, the Americans with Disabilities Act (“ADA”) allows
disabled employees to seek additional leave via a reasonable accommodations request.
A leave of absence that exceeds what is permitted under the FMLA, by itself,
is not sufficient to show undue hardship. In other words, your employer
has a duty to engage in the interactive process if you request additional
leave as a reasonable accommodation following the exhaustion of FMLA protected leave.
An experienced employment attorney can assess the facts of your case and
determine whether your employer has taken the necessary steps to address
your request for a reasonable accommodation.
Bradley E. Byrne Jr. is an Associate Attorney in Humble Law’s Birmingham
office. He represents employees whose rights have been violated. He can
be reached via email at
email@example.com or by phone at 205-358-3100.