Extending FMLA Leave By Using the ADA

By Thomas McKinney

An employee who has worked for a company with 50 or more employees for at least a year is eligible for FMLA leave.  The employee is entitled to 12 weeks of leave for a qualifying event.  The leave can be extended is some cases based on a request for a reasonable accommodation pursuant to the American’s with Disabilities Act.  The courts have agreed that an extended leave of absence could be considered a reasonable accommodation.  however, the extended leave must not be indefinite and contain a specific return to work date from the treating physician.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.