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Anthony originally requested 10 weeks of leave but only had 10 weeks of FMLA left through the current roll-back year. He returned to work, worked approximately 2 weeks, and then requested an additional 2 weeks of leave.
Question: Should the employer provide the additional leave?
The employee was granted his two extra weeks of leave as an accommodation under the ADA since it was determined to not be an undue hardship. When FMLA ends ADA begins all the time every time no matter what, unless it is determined they are not a Qualified Individual with a Disability (QID) or it is an Undue Hardship. Engage in the ADA Interactive Process and verify the return to work date includes referral to a specialist, scheduled surgery, healing time, and/or other relevant medical needs. Confirm with Anthony that the return to work date incorporates the referring to another physician, scheduling surgery and/or recovery time. Let Anthony know the importance of the return to work date being valid. Then verify that there is not an Undue Hardship to approve the additional leave requested.
Do you know what are the eligibility requirements for FMLA/CFRA? Or how to properly determine and deny a designation for non-qualifying FMLA/CFRA requests? How do you address the denial for FMLA/CFRA? And when and how do you have to transition from FMLA/CFRA to ADA/FEHA due to pregnancy, Workers’ Comp, or simply because they’re exhausted or no longer eligible for the FMLA/CFRA leave?
Our California Medical Leave and Accommodation Management Specialist Certification Course will help you explain the four primary reasons to transition from FMLA/CFRA to ADA/FEHA, identify the steps to take when FMLA is exhausted, and how to transition an employee from FMLA/CFRA to ADA/FEHA.
LMS’s Undue Hardship Analysis course will explain the Undue Hardship Analysis process, how to conduct an Undue Hardship Analysis process, how to identify the factors to consider when dealing with the Undue Hardship Analysis process, and how to objectively document and research all of your efforts during the Undue Hardship Analysis process.
Dealing with medical leaves and accommodations is highly susceptible to errors, miscues, and mistakes. Protect your organization from medical leave and accommodation abuse and minimize the cost of managing medical leaves, even complex FMLA/ADA/WC issues.
LMS’ courses were created by HR, for HR and we’re here to help and assure you are meeting your HR responsibilities and more! https://www.leavemanagementsolutions.com/california-medical-leave-and-accommodation-management-system-certification-ca-2