The federal Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid, job-protected leave a year for certain family and medical reasons, including being unable to work due to the employee’s serious health condition. When an employee’s FMLA leave entitlement expires, the employee may be unable to return to work because of the continuation of their serious health condition.
An employer should proceed cautiously before terminating an employee who cannot return to work when their FMLA leave expires. The employer should consider whether it has additional legal obligations, such as accommodation requirements under the federal Americans with Disabilities Act (ADA). In addition, other laws, such as the federal Pregnant Workers Fairness Act (PWFA) and state and local laws, may apply. Employers should also consider the impact their decisions may have on employee morale.
Click the following link to read our Compliance Overview that highlights considerations for Navigating Post-FMLA Terminations.
For support with your FMLA questions and administration, reach out to us today.