End of FMLA leave.. now what??

Our employee has been out on FMLA leave, all properly documented and authorized. She has been slowly transitioning back to work but unbelievably, was in a car accident, with the usual (hopefully) minor injuries, but this has caused a set-back in her return.

Up until that point she was on a half time schedule with some working from home. We supplemented that half time with temps and other staff.

Now what? Our policy doesn't cover extension of FMLA leave. It sounds like we are not legally obligated to continue the leave or her employment, but I know the manager will want to. I'm also wondering about how this intersects with an ADA accommodation. So I'm thinking of a conceptual addition to our FMLA policy that goes something like this:

"If an employee's FMLA period has been exhausted, and there is still a medical-based need to be out, [employer] will consider a request for partial or complete unpaid leave of absence, supported by medical certification. Once documentation has been received, [employer] will notify the employee if the leave will be extended, and reserves the right to revisit the approval at any time."

How does this sound? What do others do? Thanks.


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  • We have a leave of absence policy (up to 6 months), which may or may not be an extension of our FMLA policy. In any case, if this is an ADA accomodation (which it sounds like it could be), then you don't really need a leave ob absence policy for it. The additional leave would be the result of the interactive process.

    You have to be the one to decide if it qualifies for ADA and then decide if additional leave is a reasonable accomodation. You may need to consult an attorney or physician to help you decide. Good luck!