Cancer, FMLA and ADA

HRCathy

I have any employee with cancer. She is currently on her 7th week of FMLA leave. If her doctor does not release her to work after the 12 weeks, do I have to look into any further leave time? I read that the ADA might require I give her more time than just the 12 weeks. I have given her information on applying for public aid. She will lose her benefits after the 12 weeks are finished. I don't want to terminate her after the FMLA is done and do this wrong. It is a new situation for me. Thanks!

Hatchetman

Yes.

If the employee needs more leave time after FMLA, you will need to take a look at whether or not the employee is ADA qualified and whether or not further leave would be a reasonable accommodation even if you would not grant further leave to any other employee who was not ADA qualified. Modification of policies as well as leave are reasonable accommodations (assuming that other accommodaitons wouldn't be do-able since the empployee would need to be off work entirely, although perhaps working at home could be done).

In individual cases, cancer has been held to be a qualifying disability under ADA but whether it is for this individual is what you have to assess.

Theresa Gegen TX

Most the court cases that discuss additional leave find that an indefinate need for additional time off is unreasonable. For example, if the doctor keeps the employee off of work and won't give a return to work date. But if the doctor gives a return to work date (for example in 6 weeks the person can return), then the employer must determine if that additional 6 weeks is reasonable.

Good Luck!

HRCathy

Thanks so much. Every time I think I have this subject down, some new twist comes up. I will ask for a medical certification and take it from there.