Extending FMLA Leave Beyond 12 Weeks

By Thomas McKinney

Employers with more than 50 employees are required to provide employees who have worked for the company for at least 1 year with 12 weeks of Family Medical Leave.  What do you do in the event that your 12 weeks of leave has expired and you are still unable to return to work.

This is where the Americans with Disabilities Act (“ADA”) comes into play. You can ask the employer to extend your leave in order to accommodate your disability.  The accommodation could be additional weeks of leave or an accommodation that would allow you to return to work. The employer will be required to provide you with the accommodation unless it is able to demonstrate an “undue hardship.”

An “Undue Hardship” is defined as a significant difficulty or expense and will evaluate the size and resources if the employer to determine whether the requested accommodation would actually cause an undue hardship.

If you have any questions regarding extending your medical leave, please call our lawyers to discuss.

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.