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.