When FMLA Is Exhausted

When FMLA Is Exhausted

Under the Family and Medical Leave Act (FMLA), covered employees are entitled to 12 weeks of unpaid, job-protected leave for specified family and medical reasons. After FMLA is exhausted, or if the employee is not eligible for FMLA, you may face uncertainty about whether you must continue to offer leave or if you may terminate the employee.

There are several considerations you should make when FMLA is exhausted but an employee is not ready to return to work. You should consider if any of the following apply to the situation:

• Your own leave policies
• The Americans with Disabilities Act (ADA)
• The Pregnancy Discrimination Act (PDA)
• State leave and workers’ compensation laws

Especially if the employee condition is covered by the ADA or PDA, you should enter an interactive process with the employee to determine if reasonable, temporary accommodations can be made. When FMLA leave is exhausted, don’t assume that you can automatically terminate the employee.

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