Q: Can my company fire an employee once the person has exhausted his or her FMLA leave entitlement?
A: Many employers are surprised to learn that they may not necessarily terminate an employee if he or she does not return to work at the end of FMLA leave. Under the Family Medical Leave Act (FMLA), an employee is eligible for up to 12 weeks of unpaid job-protected leave. Upon returning from FMLA leave, except in a few limited situations, an employee is guaranteed the right to return to the same position or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment that the employee held before the leave commenced. Under FMLA regulations, however, an employee does not have a right to return to work if he or she is unable to perform the essential duties of the position.
But what if the employee asks for more time off after the FMLA leave period has expired?
Continue Reading Interplay of FMLA and ADA Precludes Employers from Automatically Terminating Employees at End of FMLA Leave