Common Sense Compliance: Beware of Compliance-Related Risks

On July 16, the employee provides another doctor’s note requesting an additional six-week extension due to his medical condition. This pattern continues for more than 10 months. He exhausts federal Family and Medical Leave Act (FMLA) and state-mandated leave, and still has not returned to work.
Under the ADA, employees can recover damages for emotional distress caused by an employer’s failure to comply with the law. It is not unusual for these awards to be hundreds of thousands of dollars. Additionally, juries can award punitive damages if they believe an employer acted with reckless disregard of an employee’s rights.