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Mar30

FMLA Leave and ADA

What exactly is the process when an employee uses all 12 weeks allotment under the FMLA , but is disabled and therefore protected under the ADA? Should we send a letter about the possible accommodation ?

If an employee is able to return to work after a 12 week FMLA period, the employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.  The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals in hiring, firing, advancement, compensation and other terms and conditions of employment.

A qualified employee with a disability is an individual who with or without reasonable accommodation, can perform the essential functions of the job in questions. However, by accommodation the employee it should not cause an undue hardship on the operation of the employer’s business. You as the employer do not have to provide a reasonable accommodation unless the employee with a disability asks for an accommodation.

If your employee has not approached you about a reasonable accommodation, then you do not need to approach him or her. You should send a notice that the 12 weeks of FMLA has or will expire. If you have long term disability, you can have the employee apply for it, if not, another alternative for the disabled is to have him or her contact Social Security for Disability benefits.

This entry was posted on Saturday, March 30th, 2013 at 8:44 pm and is filed under
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