Many questions spring up for employers when an employee exhausts their FMLA leave but still can’t return to work. Are you required to give them more leave under the ADA? If so, how much additional leave is too much? Can you fire them for needing too much time off?
Employers have been faced with these questions a lot recently, and some answers are starting to emerge. This fall, it was the Seventh Circuit that decided (twice) that “a multi-month leave of absence is beyond the scope of a reasonable accommodation under the ADA.” More recently, the Eleventh Circuit came