If an employee is otherwise eligible for FMLA leave, they are entitled to take 12 weeks per year for qualified conditions. The FMLA states that if an employee is unable to perform one or more essential functions of their job, they are entitled to the rights afforded under the FMLA (29 CFR 825.123, 825.200). Further, if after the FMLA leave is concluded, the employee is unable to perform an essential function of the position, the employee has no right to restoration to another position under the FMLA. The employer’s obligations may, however, be govern by the ADA (29 CFR 825.216, 825.702).
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FAQ Fridays
When an employee becomes medically unable to perform the essential functions of the job, with or without accommodations, and no alternative positions are available for them, is an employer still required to allow the employee leave under the federal Family and Medical Leave Act (FMLA), or would the employee be terminated?
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