My FMLA Leave Is Up, What Can I Do Now?

If you have been on FMLA  leave for 12 weeks and you are not able to return because of your illness, is there anything you can do?  The Family & Medical Leave Act (FMLA) gives employees, who have worked at least a year for an employer of a company larger than 50 employees, and who are suffering from a serious medical condition, up to 12 weeks of unpaid leave and requires the employer to restore them to their same job upon return.  If an employee goes more than 12 weeks in a one year period, they lose the right to be restored to their same job and can be fired.  However, all is not lost.  At this point an employee should explore whether the illness qualifies as a disability under the Americans with Disabilities Act (ADA), which might require the employer to grant them requested additional reasonable leave, if the leave would allow the employee to return to work.  For example, if you just need another month or so to get well, you should ask your employer to grant you the extended leave under the ADA.  If they refuse without trying make a determination with you if it will assist you in getting back to work shortly, then the employer may be liable for failure to grant a reasonable accommodation under the ADA.  Check with a lawyer before your FMLA leave expires to see if this route is available to you.