Maintaining Repeated Requests for Leave
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Learn how to identify problematic traps in your leave policies and procedures and how to fix them.Many employers find it difficult to understand how they should properly address repeated request for leaves of absence. They also may not fundamentally understand the role that both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) play in such a scenario. This topic will assist in further understanding the basic process of managing repeated requests for leave. The discussion of undue hardship and its effect on the employment relationship will be explored in detail, both as a necessary concept and the importance of its role in understanding reasonable accommodation issues. This material will address real-life scenarios and the various roles that the employer, employee, the employee's physician, and others play in the management of these types of issues and potential complications.
AuthorsJames B. Fairbanks, Esq., Treece Alfrey Musat P.C.
• Leave Requests, Conceptually and Practically
• General Discussion of the Role of Employee and Employer
The Federal Government and the EEOC's Role
• The ADA and Its Overlap and Interplay With the FMLA and Repeated Requests for Leave
• Effectiveness of the Request
- When Is Leave Protected and the Length of the Protection?
- How Many Requests?
• Reasonable Accommodation
- Impairment and Diagnosis Issues
- Role of the Physician
• Undue Hardship Analysis
- How Is This Established?
- Flexibility vs. Hardline Rules
- Undue Hardship and the Employer's Obligation to Provide Reasonable Accommodation
Factual Scenarios and Examples
• Multiple Requests for Extension
• Essential Job Function Issues
• Physician Estimates of Leave Time