A warehouse employee has used all 12 weeks of FMLA leave and needs 8 more weeks to recover. His condition is an ADA disability, and his physician gives a definite return date. The employer has 300 employees. What is the BEST next step?
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Answer: D
End his employment because his FMLA leave is exhausted: Exhausting FMLA does not end ADA obligations; separation without considering more leave risks a violation.
Require a full-duty release before approving more leave: A full-duty (100% healed) requirement can violate the ADA when the employee could work with accommodation.
Approve more unpaid leave only if he asks for it in writing: A request for leave need not be in writing or use special words to trigger the interactive process.
Evaluate 8 more weeks of leave as an ADA accommodation: Correct. EEOC guidance treats additional unpaid leave as a possible reasonable accommodation after FMLA ends, absent undue hardship; a definite return date supports it.
When FMLA leave ends, evaluate further leave as an ADA reasonable accommodation unless it would cause undue hardship.