Employers in every state are required under the federal
Family and Medical Leave Act (FMLA) to provide their employees the opportunity to take unpaid leave for medical,
military, and maternity/paternity reasons. Employees who take this time
are entitled to have their positions reinstated upon their return. Employees
are entitled to 12 workweeks of leave every 12 months, provided that they
meet the eligibility requirements. What happens, however, if a person
needs to take more than their allotted 12 weeks of leave?
Reasonable Accommodation vs. Undue Hardship
These types of situations can become extremely complicated, as there is
no set rule as to the amount of additional leave that an employer needs
to provide, if any at all. The Americans with Disabilities Act as Amended
(ADAA) states that employers must make a “reasonable accommodation”
for employees who need supplementary time away from work unless the extra
time would create an “undue hardship” on the employer. Essentially,
it all depends on the specific circumstances of an employee’s request
and the employer’s ability to reasonably provide.
This all depends on the amount of time that is requested. Generally speaking,
it is usually considered reasonable for an employer to provide a few days
to a week of extra time. Allowing an employee to take an extra month or
longer, however, could potentially be argued as an undue hardship.
Within recent years, the Equal Employment Opportunity Commission has filed
charges against a national retailer for allegedly firing workers who were
on disability leave for more than one year without concern for the employee’s
reasons for being absent or plans for return. While this serves as an
indicator of potential change, these situations are still handled on a
Get in Touch With a Skilled Atlanta Employment Lawyer
Were you recently let go from your job after taking more than 12 weeks
of leave? If so, a hard-hitting employment lawyer from Buckley Beal LLP
can represent your interests in court and help you seek a reinstatement
of your position. With 85+ years of combined experience, our firm can
provide the results-driven advocacy you need.
Call our office today at (404) 471-3725 to discuss your situation in further detail.