ADA Considerations Following Exhaustion of FMLA Protected Leave

Exhaustion of FMLA protected leave is a common problem in the Postal Service. This legal article makes several good points about ADA considerations:

The broadened scope of the ADA increases the likelihood that anyone taking FMLA leave for their own serious health condition may also have an ADA protected disability. As a result, it is important for employers to consider whether the employee is covered by the ADA (or state disability law) before separating an employee who has provided notice of his or her inability to return to work following exhaustion of the employee’s maximum FMLA leave entitlement. Oftentimes, such employee notice includes a request for additional leave and/or a doctor’s note with a return-to-work date beyond the FMLA leave expiration date. While there is no duty under the FMLA to grant additional leave, if the employee’s medical condition meets the definition of an ADA disability, there may be a duty under the ADA to consider granting additional unpaid time off from work, as some courts have held that leave is a form of reasonable accommodation.

Read Full Article

2 thoughts on “ADA Considerations Following Exhaustion of FMLA Protected Leave

  1. I was told the only reasonable accommodation I could receive for an ADA certified disability was light duty. I was offered an accomodation hearing that would be limited in scope to my providing medical documentation which established that I could not perform the essential functions of my job. I informed human resources that such a meeting was restrictive, and unnecessary given the limited scope. I notified them twice that I saw no reason to hold such a meeting.. I later received a notice that the “reasonable accomodation meeting” was held as scheduled at my facility, and that I was absent. I was downstairs working. They insisted on holding their meeting, for their purposes, without me.
    The post office is sick.

Comments are closed.