Extending FMLA Leave Beyond 12 Weeks

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.