Dear HR,
My employee has used all of their family leave and sick time and now he still cannot return to work, can I terminate?
HR Answer:
Maybe.
You should apply your absenteeism and leave policies to determine if you will allow extra time off. Just remember that absences counted as family leave may in no way count against your employee, or be used as grounds for discipline. Other laws, such as injured worker reinstatement rights and the Americans with Disabilities Act (ADA), may provide additional protected time off beyond the 12 weeks of family leave.
If you would like assistance with the ADA, FMLA, or OFLA, or have questions about other employment issues, please feel free to contact us.