FMLA covers situations in which an employee requires a leave of absence on the job because of a serious health condition. If a serious health condition rises to the level of disability under the Americans with Disabilities Act (ADA), which is not uncommon, the employer has additional obligations under the ADA to determine whether the employee needs a leave of absence as a reasonable accommodation under the act. This most commonly occurs when an employee is out for an extended period of time under FMLA, they have exhausted 12 weeks of FMLA leave, and they still cannot return to work. Many employers find themselves in a situation where they are not sure whether they can legally terminate an employee because he or she has exhausted the FMLA. Likewise, they are not sure whether they have other obligations to provide additional leave under the law. In these situations, the employer must make an individualized assessment of the need for additional leave under the ADA.
