FMLA Extension: When 12 Weeks Is Not Enough

• Overview
• Credits

Learn to determine when an employee's medical leave should shift from FMLA to ADA and how to avoid abuse issues while remaining compliant.The FMLA permits eligible employees to take up to 12 weeks of job-protected unpaid time off for their own or an immediate family member has a serious medical condition. This topic will explore the rights and obligations an employer has when an employee is unable to return to work at the conclusion of the 12-week period. The material will also cover the scope of the FMLA, the interaction between the FMLA and other leave time available to employees, the interplay between the FMLA and the Americans with Disabilities Act, and how and when a failure to return from FMLA leave may result in job termination.

Authors

Agenda

Overview of the FMLA

• Eligibility

• Scope

• Fixed Time and Intermittent Leaves

Preparing for the End of FMLA Leave

• Return-to-Work

• Light Duty Obligations

• Counting the 12 Weeks

Employer Rights and Obligations

• Concurrent Leaves

• Interaction With ADA and State Disability Laws

• Indefinite Leaves

• Requests for Extensions

Legal Pitfalls

• Retaliation Claims

• Adjusting Bonuses and Incentive Pay

• Docking of Exempt Employees

Thoughts on Policies and Precedents