Legal Question in Medical Leave in Georgia

Re: termination after medical leave

It may or may not be legal, depending on whether you and/or your employer followed the requirements of the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and federal regulations. Generally, the FMLA allows only 12 weeks of unpaid leave, but this time may be extended if the employer did not follow all of the regulations, such as posting proper notices, giving you specific notice of your rights, properly designating your leave, etc. Furythermore, under the ADA, an employer must offer a reasonable accommodation to allow a disabled employee to perform work. Would allowing more than 12 weeks off be a reasonable accommodation and would you be considered to be disabled under the ADA? Probably not, but such a determination depends on the facts of the case. If you have any specific questions, please feel free to call or e-mail me.