No matter what the circumstances, employers should consult with legal counsel to make sure their actions comply with the law.įor example, the Americans with Disabilities Act (ADA), after the 2008 enactment of the somewhat confusingly named Americans with Disabilities Act Amendments Act (ADAAA), considers extended leave to be a reasonable accommodation for disabled employees. Before taking action, therefore, companies need to consider carefully whether a particular employee’s situation is covered by any laws and regulations. “Leave management is not cut and dried anymore,” said Mike Bailey, vice president of HR consultancy Aon Hewitt in Philadelphia. Terminating that worker’s employment, however, is fraught with legal implications. Adding to the confusion is that employers face an ever-changing alphabet soup of federal and state laws and regulations, starting with the Family and Medical Leave Act (FMLA).Įmployees may become disabled or need to act as the primary caregiver for a disabled spouse, child or parent for an indefinite period, leaving them unable to return to work after they have used all of the legally required FMLA leave-generally a total of 12 workweeks during any 12-month period-in addition to whatever paid or unpaid leave their employer provides. When an employee requires a period of leave because of a medical issue or disability, the situation is not always straightforward, and the best way to manage it is not always clear.
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