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Employer Best Practices for Analyzing Whether Leave Beyond FMLA is an “Undue Hardship” under the ADA

By Jeff Nowak on July 24, 2012
Posted in ADA, Retaliation

The scenario is all too common: An employee takes and exhausts 12 weeks of FMLA leave and still cannot return to work.  At this point, the employer is left with a dilemma — does it terminate employment because the employee cannot immediately return to work, or does it consider approving more leave than the 12…

About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

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