Exhausted FMLA, ADA Leave, and a Part-Time Return
Civic Transit Authority has 2,500 employees. Its short-term disability plan provides 12 weeks at 60% pay, and FMLA leave runs concurrently. An employee in customer service, a call-center role with strict phone coverage, has major depressive disorder and anxiety. She has exhausted 12 weeks of FMLA and STD and requests 8 more weeks of leave, then a 20-hour-per-week schedule for 8 weeks. Her psychiatrist supports the request but does not say she cannot perform any essential function. The employer's attendance policy requires termination after 12 weeks of unpaid leave unless an accommodation is approved. The plan continues health coverage during FMLA but terminates coverage after FMLA unless the employee pays the full premium. The employer has 50+ employees and is subject to ADA. The HR team wants to deny the request because the role requires full-time phone coverage and the employee has no FMLA left.
1. Does the employee have a right to the additional leave or part-time schedule under the ADA? What interactive-process steps should HR take?
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FMLA exhaustion does not end the analysis. The employee has a disability-related condition and has requested leave and a reduced schedule, so the ADA requires an individualized interactive process. Extended leave can be a reasonable accommodation when it is finite, the employee intends to return, and the leave is likely to enable her to perform the essential functions. A temporary part-time schedule may also be reasonable if the essential functions can be covered or restructured without undue hardship. The employer cannot rely on a blanket 12-week attendance rule. HR should obtain limited medical documentation, identify the essential functions of the call-center role, and meet with the employee to discuss options such as temporary schedule changes, reassignment to a vacancy, or a trial period. The employer may deny the request only if it can show undue hardship, such as an inability to cover phone coverage despite reasonable efforts. The decision should be documented and appealable.
2. How should benefits continuation be handled after FMLA ends?
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During FMLA, the employer must maintain group health coverage on the same terms as if the employee were working. Once FMLA is exhausted, the ADA does not itself require continued health coverage during unpaid leave, but the employer must apply its leave and benefits policies consistently. If coverage ends, the employee should receive COBRA election notices and the opportunity to pay premiums. If the employer continues coverage for other similarly situated employees on unpaid leave, it should do so here. The employer should not use the benefits decision to pressure the employee to abandon the accommodation request. Mental health parity governs the plan's treatment of mental health benefits, not the leave-of-absence rules, so it does not answer the continuation question.
3. What communication and documentation practices reduce legal risk?
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HR should create a written record of the request, the medical information received, the essential functions reviewed, the options offered, and the reasons for the decision. Medical information should be kept confidential and separate from the personnel file. The decision letter should explain the accommodation granted or denied and the appeal or reassignment process. Managers should be coached not to ask about diagnosis or speculate about mental health. The employer should avoid retaliation and should monitor the employee's return. If the accommodation is granted, the employer should set review dates and clarify performance expectations. If it is denied, the letter should identify the specific undue hardship and offer alternatives.