Can You Be Legally Fired If Your Disability Requires More Than 12 Weeks Of Unpaid FMLA Leave?
Can disabled workers be terminated after being away from work for more than the 12 weeks under the federal Family and Medical Leave Act (FMLA)? The answer is usually no. Often these workers have been informed by their company's HR department that if they cannot return to work after 12 weeks, they will be terminated. In most cases the extended unpaid leave will be considered a reasonable accommodation of a disability. Therefore, the failure to provide the accomodation and the resulting termination violates the Americans With Disabilities Act (ADA) and legal action should be taken.
