“I Just Need One More Extension!” Responding to Multiple Leave Extensions and Delayed Return-to-Work Dates

By Marti Cardi, Esq., Vice President, Product Compliance, Matrix Absence Management, Inc.; Lana L. Rupprecht, Esq., Director, Product Compliance, Matrix Absence Management, Inc.

Justin, a financial analyst for 123 Company (a fictitious employer), was in a car accident in December and took continuous leave under the Family and Medical Leave Act (FMLA) due to his injuries. The leave was exhausted in April, and 123 Company granted two leave extension requests in April and July as reasonable accommodations under the Americans with Disabilities Act (ADA). Both requests were supported by a doctor’s certification stating Justin would return to work at the end of each extension. However, he has not returned to work and just submitted a third extension request for four more weeks of leave. Justin’s co-workers are getting upset, and morale is low as they continue to cover Justin’s substantial workload.

How should 123 Company handle this situation?

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