Connect with us

Hi, what are you looking for?

Law

Firing a Worker with a Disability After FMLA Leave Expires

An employer must accommodate an employee’s request for leave if doing so does not cause an undue hardship for the employer.

09/29/2013 // Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse // (press release)

An employee is considered disabled under the Americans with Disabilities Act. She recently took leave for a disability-related issue. The employee will exhaust her Family Medical Leave Act leave at the end of this week. She just contacted the company to say that she cannot return to work next week as planned and that she needs to stay home for two more weeks to recover. Can the company fire the employee for failing to report for work?

Maybe. Before doing so, however, the company must evaluate whether it has an obligation to accommodate the employee’s request for leave. An employer must accommodate an employee’s request for leave if doing so does not cause an undue hardship for the employer. An undue hardship is one that results in significant difficulty or expense. So, for example, an employee’s indefinite or prolonged leave of absence likely would cause an undue hardship for a company. On the other hand, extending this employee’s leave by two weeks likely would not cause a company an undue hardship. If so, the company likely should accommodate her request.

To learn more about reasonable accommodations under the ADA, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.

Media Information:

Address: 1201 Elm Street Suite 5200 Dallas, Texas 75270 – 2142
Phone: 214.220.2722
Url: http://dallasemploymentlawyer.cdklawyers.com/firing-a-worker-with-a-disability-after-fmla-leave-expires_10775.html

You May Also Like

Business

State would join dozens of others in enacting legislation based on federal government’s landmark whistleblower statute, the False Claims Act

press release

With a deep understanding of the latest tech, Erbo helps businesses flourish in a digital world.

press release

#Automotive #Carbon #Canister #Market #Projected #Hit #USD New York, US, Oct. 24, 2022 (GLOBE NEWSWIRE) —  According to a comprehensive research report by Market...

press release

Barrington Research Analyst James C.Goss reiterated an Outperform rating on shares of IMAX Corp IMAX with a Price target of $20. As theaters...