Human Resource Blog

Where HR Professionals Seek Answers

A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR!



If an employee goes out on FMLA which subsequently turns into an ADA protected situation, (blindness due to diabetic issues) what are the legal ramifications, if any, for terminating the employee when the FMLA is exhausted?

You need to proceed with caution here. We would not advise that you terminate this employee without a lot more research and input at this point. Under ADA, an employee is sometimes entitled to additional unpaid leave after FMLA is exhausted, as a reasonable accommodation. The employee does have to request the accommodation, and it has to be an accommodation that will permit the employee to perform the primary functions of the job.

An employer can deny an accommodation that is an undue hardship. However, it is hard to deny additional leave when the employee has already been on FMLA for 12 weeks. Almost by definition, you are able to accommodate further leave because you have been accommodating such leave.

In this case, if the employee is requesting an accommodation of an additional 4 -12 weeks of unpaid leave, while she adjusts to blindness and learns to cope, that may be required under ADA.

You may want to consult an attorney or the EEOC before terminating the employee. The final decision will depend upon when the employee expects to return to work and what accommodations, if any, she is requesting.

By the way, in many cases diabetes is a disability under the current ADA definition, even if there is no blindness involved.

Tags: , , ,

This entry was posted on Thursday, January 13th, 2011 at 3:37 am and is filed under
Attendance Management.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.

Leave a Reply

  • [ Back ]
  • WP-SpamFree by Pole Position Marketing

Home Ask a Question Archives

© 2008, All Rights Reserved