Employees who run out of FMLA leave may still be eligible for additional time off under the ADA if their condition qualifies as a disability.
When FMLA leave expires, it?s smart to request further information and invite a dialogue on possible accommodations. If the employee declines, she can?t later argue that you didn?t accommodate her.
Recent case: Lesonya took 12 weeks of FMLA leave for surgery. While at home recuperating, she received several letters from her employer inviting her to request accommodations if she felt she was disabled and unable to work just yet.
Lesonya didn?t respond and was terminated. Then she sued, arguing she had been confused by the letters and really had needed reasonable accommodations.
The court said she lost her chance. (Jefferson v. Biogen, No. 5:10-CV-237, ED NC, 2012)
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