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.