Extending FMLA Leave By Using the ADA

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.

Thomas A. McKinney, Esq.

Thomas A. McKinney, Esq. is an experienced New Jersey 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. If you have questions about this article, contact Thomas today by clicking here.