The Family and Medical Leave Act (FMLA) is a federal law that offers eligible employees job-protected, unpaid leave for specific family and medical reasons. FMLA leave allows employees to take up to 12 weeks off in a 12-month period for various reasons, including caring for a family member, managing their own serious health condition, or welcoming a new child.
However, if you’ve exhausted your FMLA leave entitlement and still need time off, you may face uncertainty about what happens next. Here, we’ll explore your options, potential accommodations, and rights under other laws like the Americans with Disabilities Act (ADA).
What Is FMLA Leave, and Who Qualifies?
Under the FMLA, eligible employees can take unpaid leave for situations including:
The birth or adoption of a child.
Caring for a family member with a serious health condition.
Managing their own serious health condition, such as a chronic illness or a physical or mental impairment that requires extended treatment.
An employee is eligible for FMLA leave if they work for a covered employer, have been employed for at least 12 months, and have worked a minimum of 1,250 hours in the last year. During this time, FMLA leave provides essential job protection, meaning employees can generally expect to return to their same or equivalent position once their leave concludes.
When FMLA Leave Is Exhausted: Your Options
When FMLA leave runs out, eligible employees often worry about potential job loss, especially if they’re still managing their own health condition or a family member’s care needs. Fortunately, several options may be available to help employees in this situation:
Requesting Extended Leave Under ADA or Similar State Laws
If you have a qualifying disability, the Americans with Disabilities Act (ADA) may offer additional protection after FMLA leave is exhausted. The ADA prohibits discrimination based on disability and requires employers to provide reasonable accommodation, which may include extended unpaid leave.
To qualify, you must have a physical or mental impairment that substantially limits one or more major life activities. Requesting a reasonable accommodation under the ADA could allow you to extend your leave period without risking job loss, though the specifics depend on the employer’s ability to accommodate your request without undue hardship.
Short-Term Disability Leave or Other Paid Leave Options
Some employers offer short-term disability insurance, which may cover part of your salary if you’re unable to work due to a serious health condition. If you’ve exhausted FMLA leave, check if your employer’s short-term or long-term disability policies can help bridge the gap.
If you have accrued paid leave, like sick leave or vacation, ask your employer if you can use these days as additional time off.
State-Specific Leave Laws
Some states, like California, offer additional protections under laws such as the California Family Rights Act (CFRA), which extends similar protections to FMLA. The CFRA allows eligible employees to take up to 12 weeks of job-protected leave beyond FMLA coverage, provided they meet state-specific eligibility criteria.
If your state has its own family and medical leave laws, they may provide added options for extended leave and may require that you be reinstated to your previous role after your leave concludes.
Requesting an Alternative Position or Modified Duties
If returning to your previous position is not feasible after exhausting FMLA leave, consider discussing other options with your employer. A temporary transfer, a part-time schedule, or a less physically demanding role may allow you to ease back into the workforce while addressing ongoing health needs.
Navigating Collective Bargaining Agreements
If you belong to a union or work under a collective bargaining agreement, consult this agreement to see if additional leave options are outlined. Some unions negotiate extended leave or alternative accommodation options beyond those provided under FMLA.
Nevada-Specific Leave Laws
Nevada offers additional protections that can benefit employees who have exhausted their FMLA leave but still require time off. Some key Nevada-specific laws include:
Nevada Family Medical Leave Law for Public Employees
While Nevada does not have a family and medical leave law that applies to private employers, public employees in Nevada have rights similar to those provided under the FMLA. Under state law, public employees may be eligible for unpaid leave for family and medical reasons, although specific provisions and lengths of leave may vary depending on the public employer.
Paid Sick Leave Requirements
In Nevada, certain private employers are required to provide paid sick leave under state law. This law mandates that employers with 50 or more employees must provide paid leave that employees can use for personal or family health needs, including time off to care for a family member with a health condition. This can be especially helpful if you’ve exhausted FMLA leave and need additional time off for a serious health condition or family care.
Accommodations for Pregnancy or Childbirth
Nevada law requires employers to provide reasonable accommodations to employees for medical conditions related to pregnancy, childbirth, or related conditions. If your need for leave is due to pregnancy-related health conditions, this law may offer additional time off or flexibility in your role.
Victims of Domestic Violence Leave
Nevada law also provides specific leave protections for employees who are victims of domestic violence. Employers are required to provide up to 160 hours of leave in a 12-month period for employees dealing with issues related to domestic violence, which can include medical treatment, mental health support, and legal assistance. This leave can apply to both employees directly affected by domestic violence and those supporting family members in similar situations.
Reasonable Accommodation for Disability
Under Nevada law, employers must offer reasonable accommodations for employees with disabilities. If your need for leave arises from a serious health condition that qualifies as a disability, your employer may be required to extend your leave as a reasonable accommodation, similar to the protections provided under the ADA.
Returning to Work: Steps to Take
When preparing to return to work after FMLA leave, it’s important to communicate openly with your employer. Follow these steps to help ensure a smooth transition:
Notify Your Employer: Provide your employer with a written request for reasonable accommodation if you need extended leave due to a disability. Make sure to communicate any medical documentation that supports your request.
Coordinate with HR: Human Resources can help you understand your rights and obligations regarding ADA accommodation or other leave options, as well as any company-specific policies that may apply.
Consider Legal Advice: If your employer denies your request for extended leave or if you feel pressured to return prematurely, consult with an experienced attorney who specializes in employment law. They can help you evaluate your options and may intervene on your behalf.
Compensation and Health Benefits
If your FMLA leave is extended, your group health benefits may still be available, but it’s essential to confirm this with your employer. Some employers are required by law to continue health coverage during ADA leave, while others are not, so verifying your benefits status is crucial.
Legal Recourse for Denied Leave Extensions
If your employer denies a reasonable accommodation, such as extended leave under the ADA, or retaliates against you for requesting it, you may be able to file a legal claim for discrimination. Proving that your rights under FMLA, ADA, or state-specific laws were violated can be complex, but legal action can protect you and ensure you receive fair treatment.
Filing a Legal Claim for Discrimination Due to Denied Accommodation or Retaliation
If your employer denies a reasonable accommodation, such as an extended leave under the ADA, or retaliates against you for requesting it, you may have grounds to file a legal claim. Here are the steps to take if you’re considering a claim for discrimination or retaliation due to an accommodation denial:
Document the Denial and All Relevant Communication
Keep records of any written or verbal communication regarding your accommodation request, including emails, notes from meetings, and letters from your employer. These records serve as critical evidence if your employer has denied a reasonable accommodation or has failed to engage in an interactive dialogue about your needs.
File a Complaint with the Equal Employment Opportunity Commission (EEOC)
Under the Americans with Disabilities Act (ADA), it is illegal for employers to discriminate against employees with disabilities or retaliate against them for seeking accommodations. If you believe you’ve been discriminated against, you can file a complaint with the EEOC, the federal agency responsible for enforcing ADA protections.
You generally have 180 days from the date of the discrimination to file a claim, although this period can be extended in states with local fair employment practices agencies.
Consider State-Level ComplaintsIn addition to federal protections, many states have their own disability discrimination laws. For instance, Nevada’s disability laws may provide additional protections and avenues for filing a complaint with a state agency if you’re in Nevada.
Consult an Experienced Employment Law Attorney
Navigating a discrimination claim can be complex, and an attorney experienced in employment law can provide crucial guidance. An attorney can help assess your case, gather evidence, and advocate on your behalf, increasing your chances of a favorable outcome.
Know the Potential Remedies
If successful, you may be entitled to various remedies, such as reinstatement of your position, back pay, compensation for lost benefits, or compensation for emotional distress. Courts can also order an employer to change discriminatory policies or offer training to prevent future discrimination.
Stay Aware of Retaliation Protections
The ADA and other laws prohibit employers from retaliating against employees who request accommodations or file discrimination claims. If you experience further mistreatment, such as demotion, increased scrutiny, or termination, this could constitute additional grounds for legal action.
Conclusion
Understanding your rights under FMLA and ADA can be crucial in navigating workplace challenges related to medical leave and accommodations. If you’ve exhausted your FMLA leave or faced discrimination after requesting reasonable accommodations, know that there are legal protections to support you. Seeking guidance from an experienced attorney can make a significant difference in securing your rights, protecting your job, and ensuring fair treatment.
Are you struggling with discrimination or retaliation due to denied accommodation? Bourassa Law Group is here to help. Contact us today for a free consultation—our experienced attorneys will review your case, explain your rights, and guide you through every step toward achieving justice and fair treatment in your workplace.
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