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FMLA Florida

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  • FMLA Florida

    I have an employee that qualifies for FMLA. She is scheduled for back surgery tomorrow and according to the doctor, she will need to be out for at least 3 months. She has missed a lot of time prior to her surgery due to the back problems she is having. All covered under FMLA. With this being back problems, will we have any issues w/ADA if she is unable to return to work after missing 12 weeks and we have to let her go? If she turns in doctor's orders to be out longer than 12 weeks, are we required to grant that time off to avoid ADA issues even though FMLA only covers 12 weeks?

    Thanks for your help.

  • #2
    After she uses up her 12 weeks of FMLA, her job is no longer protected. However, you do have to consider whether allowing add'l. time off under the ADA would be a reasonable accommodation.
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    • #3
      You understand, don't you, that she is entitled to 12 weeks of FMLA per 12 month period and not 12 weeks per condition? How much FMLA has she already used in the 12 months by which you track FMLA?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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