{"id":655,"date":"2019-06-30T21:00:36","date_gmt":"2019-06-30T15:30:36","guid":{"rendered":"https:\/\/www.complianceprime.com\/blog\/?p=655"},"modified":"2025-04-28T11:34:41","modified_gmt":"2025-04-28T06:04:41","slug":"fmla-extension-employee-absence-after-fmla-leave","status":"publish","type":"post","link":"https:\/\/www.complianceprime.com\/blog\/2019\/06\/30\/fmla-extension-employee-absence-after-fmla-leave\/","title":{"rendered":"FMLA Extension: Employee Absence after FMLA Leave"},"content":{"rendered":"

The Family and Medical Leave Act (FMLA) is a critical law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. However, what happens when an employee exhausts their FMLA leave but is still unable to return to work? This scenario raises complex legal and administrative questions for HR professionals and employers.<\/span><\/p>\n

This blog dives into the possible next steps, particularly how the Americans with Disabilities Act (ADA) may offer additional leave protections beyond FMLA, and how employers should navigate such situations while staying compliant.<\/span><\/p>\n

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What Happens When FMLA Ends?<\/b><\/h2>\n

Once an employee has used up their <\/span>12 weeks of FMLA leave<\/span><\/a>, the employer is no longer legally required under FMLA to keep their position open or continue job-protected leave. However, automatically terminating or disciplining an employee for failing to return may lead to legal trouble, especially if the employee has a qualifying disability under the ADA.<\/span><\/p>\n

Key Considerations for Employers:<\/b><\/h3>\n