u/Legitimate-Sun-4581
I advise you look up ADA accommodations. You will likely find that continuous leave/additional time is a reasonable accommodation to a disability for this employee.
We extend ADA continuous
u/medusa3339
If you are located in California, is this employee not eligible for statutory benefits like California SDI?
u/babybambam
Might be. Is the business still paying for their benefits?
u/Warm-Replacement-724
Love this answer. All key points listed.
Although the situation is gray area, it appears your company has done what is required by law.
FMLA taken, additional leave offered (unpaid), super
u/Jcarlough
I’d have a clear conversation with the employee and ask when she believes she believes she may actually be able to return.
If she is unable to provide an answer, you can give her a little bi
u/luckystars143
Uh, not this. No conversation is necessary. As long as they continue providing medical notes to be off work, they’re off under an ADA leave.
An “undue hardship” can’t be determined until t
u/medusa3339
If you are located in California, is this employee not eligible for statutory benefits like California SDI?
u/babybambam
Might be. Is the business still paying for their benefits?
u/Warm-Replacement-724
Love this answer. All key points listed.
Although the situation is gray area, it appears your company has done what is required by law.
FMLA taken, additional leave offered (unpaid), super
u/Warm-Celery-4117
Every time we’ve spoken she’s confident she’ll return by the date listed by her physician (I think she may be bored at home and genuinely wants to return to work) and each time her medical le
u/Legitimate-Sun-4581
I advise you look up ADA accommodations. You will likely find that continuous leave/additional time is a reasonable accommodation to a disability for this employee.
We extend ADA continuous
u/Thin_Rip8995
you’re in the gray zone now—past FMLA protection, but still deep in ADA and optics territory
first step: *interactive process*
you’re legally obligated to assess whether extended leave is
u/Warm-Celery-4117
Yea my worry is that because we’re a non-profit and have lost a significant amount of funding, we’re between a rock and a hard place financially, especially because as RIFs have been announce
u/Warm-Celery-4117
Thank you for the clarity and the newsletter suggestion!
u/Legitimate-Sun-4581
Also see the word “likely”. A continuous leave is a likely, possible, plausible accommodation. At the very least, approve for 4 weeks (assuming the employee actually goes through the whole pr
u/luckystars143
Uh, not this. No conversation is necessary. As long as they continue providing medical notes to be off work, they’re off under an ADA leave.
An “undue hardship” can’t be determined until t
u/Warm-Celery-4117
Yes, she sends us a check for the employee portion which amounts to about $150 monthly.
u/babybambam
Engage an HR attorney.
u/Warm-Celery-4117
Thank you for the clarity and the newsletter suggestion!
u/MsMarigold33
For us, if the employee provides documentation and can show they are currently approved under California SDI we treat it like FMLA for 26 weeks. Then if they need to transition into LTD, we o
u/Jcarlough
Leave *may* be a reasonable accommodation.
It doesn’t have to be.
u/babybambam
Might be. Is the business still paying for their benefits?
u/Thin_Rip8995
you’re in the gray zone now—past FMLA protection, but still deep in ADA and optics territory
first step: *interactive process*
you’re legally obligated to assess whether extended leave is
u/Legitimate-Sun-4581
I advise you look up ADA accommodations. You will likely find that continuous leave/additional time is a reasonable accommodation to a disability for this employee.
We extend ADA continuous
u/Jcarlough
Leave *may* be a reasonable accommodation.
It doesn’t have to be.
u/Legitimate-Sun-4581
I’m also at a non-profit.
Does the employee have a disability documented by their healthcare provider? Yes? You need to engage in the interactive process. What’s the reasonable accommodatio
u/Warm-Celery-4117
Every time we’ve spoken she’s confident she’ll return by the date listed by her physician (I think she may be bored at home and genuinely wants to return to work) and each time her medical le
u/medusa3339
If you are located in California, is this employee not eligible for statutory benefits like California SDI?
u/Warm-Celery-4117
Yes, she sends us a check for the employee portion which amounts to about $150 monthly.
u/Warm-Celery-4117
Thank you for the clarity and the newsletter suggestion!
u/Warm-Celery-4117
Every time we’ve spoken she’s confident she’ll return by the date listed by her physician (I think she may be bored at home and genuinely wants to return to work) and each time her medical le
u/medusa3339
If you are located in California, is this employee not eligible for statutory benefits like California SDI?
u/babybambam
Might be. Is the business still paying for their benefits?
u/babybambam
Engage an HR attorney.
u/Thin_Rip8995
you’re in the gray zone now—past FMLA protection, but still deep in ADA and optics territory
first step: *interactive process*
you’re legally obligated to assess whether extended leave is
u/Legitimate-Sun-4581
I’m also at a non-profit.
Does the employee have a disability documented by their healthcare provider? Yes? You need to engage in the interactive process. What’s the reasonable accommodatio
u/Jcarlough
Leave *may* be a reasonable accommodation.
It doesn’t have to be.
u/Warm-Celery-4117
Yea my worry is that because we’re a non-profit and have lost a significant amount of funding, we’re between a rock and a hard place financially, especially because as RIFs have been announce
u/nervousnelly101
Just wanted to say, great response!
u/Warm-Celery-4117
Yes, she sends us a check for the employee portion which amounts to about $150 monthly.
u/nervousnelly101
Just wanted to say, great response!
u/babybambam
Engage an HR attorney.
u/Warm-Celery-4117
Yea my worry is that because we’re a non-profit and have lost a significant amount of funding, we’re between a rock and a hard place financially, especially because as RIFs have been announce
u/Warm-Replacement-724
Love this answer. All key points listed.
Although the situation is gray area, it appears your company has done what is required by law.
FMLA taken, additional leave offered (unpaid), super
u/nervousnelly101
Just wanted to say, great response!
u/Thin_Rip8995
you’re in the gray zone now—past FMLA protection, but still deep in ADA and optics territory
first step: *interactive process*
you’re legally obligated to assess whether extended leave is
u/Warm-Celery-4117
Yes, she sends us a check for the employee portion which amounts to about $150 monthly.
u/Warm-Celery-4117
Every time we’ve spoken she’s confident she’ll return by the date listed by her physician (I think she may be bored at home and genuinely wants to return to work) and each time her medical le
u/Warm-Celery-4117
Yea my worry is that because we’re a non-profit and have lost a significant amount of funding, we’re between a rock and a hard place financially, especially because as RIFs have been announce
u/luckystars143
Uh, not this. No conversation is necessary. As long as they continue providing medical notes to be off work, they’re off under an ADA leave.
An “undue hardship” can’t be determined until t
u/nervousnelly101
Just wanted to say, great response!
u/medusa3339
If you are located in California, is this employee not eligible for statutory benefits like California SDI?
u/Jcarlough
I’d have a clear conversation with the employee and ask when she believes she believes she may actually be able to return.
If she is unable to provide an answer, you can give her a little bi
u/Warm-Celery-4117
Thank you for the clarity and the newsletter suggestion!
u/Jcarlough
I’d have a clear conversation with the employee and ask when she believes she believes she may actually be able to return.
If she is unable to provide an answer, you can give her a little bi
u/Jcarlough
Leave *may* be a reasonable accommodation.
It doesn’t have to be.
u/Thin_Rip8995
you’re in the gray zone now—past FMLA protection, but still deep in ADA and optics territory
first step: *interactive process*
you’re legally obligated to assess whether extended leave is
u/Legitimate-Sun-4581
Also see the word “likely”. A continuous leave is a likely, possible, plausible accommodation. At the very least, approve for 4 weeks (assuming the employee actually goes through the whole pr
u/babybambam
Might be. Is the business still paying for their benefits?
u/Warm-Celery-4117
Yes, she sends us a check for the employee portion which amounts to about $150 monthly.
u/Legitimate-Sun-4581
Also see the word “likely”. A continuous leave is a likely, possible, plausible accommodation. At the very least, approve for 4 weeks (assuming the employee actually goes through the whole pr
u/luckystars143
Uh, not this. No conversation is necessary. As long as they continue providing medical notes to be off work, they’re off under an ADA leave.
An “undue hardship” can’t be determined until t
u/babybambam
Engage an HR attorney.
u/Legitimate-Sun-4581
I’m also at a non-profit.
Does the employee have a disability documented by their healthcare provider? Yes? You need to engage in the interactive process. What’s the reasonable accommodatio
u/Warm-Celery-4117
Every time we’ve spoken she’s confident she’ll return by the date listed by her physician (I think she may be bored at home and genuinely wants to return to work) and each time her medical le
u/Warm-Celery-4117
Every time we’ve spoken she’s confident she’ll return by the date listed by her physician (I think she may be bored at home and genuinely wants to return to work) and each time her medical le
u/nervousnelly101
Just wanted to say, great response!
u/Jcarlough
I’d have a clear conversation with the employee and ask when she believes she believes she may actually be able to return.
If she is unable to provide an answer, you can give her a little bi
u/Jcarlough
Leave *may* be a reasonable accommodation.
It doesn’t have to be.
u/luckystars143
Uh, not this. No conversation is necessary. As long as they continue providing medical notes to be off work, they’re off under an ADA leave.
An “undue hardship” can’t be determined until t
u/Warm-Replacement-724
Love this answer. All key points listed.
Although the situation is gray area, it appears your company has done what is required by law.
FMLA taken, additional leave offered (unpaid), super
u/MsMarigold33
For us, if the employee provides documentation and can show they are currently approved under California SDI we treat it like FMLA for 26 weeks. Then if they need to transition into LTD, we o
u/MsMarigold33
For us, if the employee provides documentation and can show they are currently approved under California SDI we treat it like FMLA for 26 weeks. Then if they need to transition into LTD, we o
u/Warm-Celery-4117
Thank you for the clarity and the newsletter suggestion!
u/Warm-Celery-4117
Yea my worry is that because we’re a non-profit and have lost a significant amount of funding, we’re between a rock and a hard place financially, especially because as RIFs have been announce
u/nervousnelly101
Just wanted to say, great response!
u/Legitimate-Sun-4581
I advise you look up ADA accommodations. You will likely find that continuous leave/additional time is a reasonable accommodation to a disability for this employee.
We extend ADA continuous
u/Warm-Replacement-724
Love this answer. All key points listed.
Although the situation is gray area, it appears your company has done what is required by law.
FMLA taken, additional leave offered (unpaid), super
u/babybambam
Engage an HR attorney.
u/babybambam
Might be. Is the business still paying for their benefits?
u/medusa3339
If you are located in California, is this employee not eligible for statutory benefits like California SDI?
u/luckystars143
Uh, not this. No conversation is necessary. As long as they continue providing medical notes to be off work, they’re off under an ADA leave.
An “undue hardship” can’t be determined until t
u/MsMarigold33
For us, if the employee provides documentation and can show they are currently approved under California SDI we treat it like FMLA for 26 weeks. Then if they need to transition into LTD, we o
u/Warm-Celery-4117
Thank you for the clarity and the newsletter suggestion!
u/Legitimate-Sun-4581
Also see the word “likely”. A continuous leave is a likely, possible, plausible accommodation. At the very least, approve for 4 weeks (assuming the employee actually goes through the whole pr
u/Legitimate-Sun-4581
I’m also at a non-profit.
Does the employee have a disability documented by their healthcare provider? Yes? You need to engage in the interactive process. What’s the reasonable accommodatio
u/Legitimate-Sun-4581
Also see the word “likely”. A continuous leave is a likely, possible, plausible accommodation. At the very least, approve for 4 weeks (assuming the employee actually goes through the whole pr
u/Warm-Celery-4117
Yea my worry is that because we’re a non-profit and have lost a significant amount of funding, we’re between a rock and a hard place financially, especially because as RIFs have been announce
u/Legitimate-Sun-4581
I’m also at a non-profit.
Does the employee have a disability documented by their healthcare provider? Yes? You need to engage in the interactive process. What’s the reasonable accommodatio
u/MsMarigold33
For us, if the employee provides documentation and can show they are currently approved under California SDI we treat it like FMLA for 26 weeks. Then if they need to transition into LTD, we o
u/Legitimate-Sun-4581
I advise you look up ADA accommodations. You will likely find that continuous leave/additional time is a reasonable accommodation to a disability for this employee.
We extend ADA continuous
u/Jcarlough
Leave *may* be a reasonable accommodation.
It doesn’t have to be.
u/Warm-Replacement-724
Love this answer. All key points listed.
Although the situation is gray area, it appears your company has done what is required by law.
FMLA taken, additional leave offered (unpaid), super
u/MsMarigold33
For us, if the employee provides documentation and can show they are currently approved under California SDI we treat it like FMLA for 26 weeks. Then if they need to transition into LTD, we o
u/Thin_Rip8995
you’re in the gray zone now—past FMLA protection, but still deep in ADA and optics territory
first step: *interactive process*
you’re legally obligated to assess whether extended leave is
u/babybambam
Engage an HR attorney.
u/Jcarlough
I’d have a clear conversation with the employee and ask when she believes she believes she may actually be able to return.
If she is unable to provide an answer, you can give her a little bi
u/Legitimate-Sun-4581
I advise you look up ADA accommodations. You will likely find that continuous leave/additional time is a reasonable accommodation to a disability for this employee.
We extend ADA continuous
u/Legitimate-Sun-4581
Also see the word “likely”. A continuous leave is a likely, possible, plausible accommodation. At the very least, approve for 4 weeks (assuming the employee actually goes through the whole pr
u/Warm-Celery-4117
Yes, she sends us a check for the employee portion which amounts to about $150 monthly.
u/Legitimate-Sun-4581
I’m also at a non-profit.
Does the employee have a disability documented by their healthcare provider? Yes? You need to engage in the interactive process. What’s the reasonable accommodatio
u/Legitimate-Sun-4581
I advise you look up ADA accommodations. You will likely find that continuous leave/additional time is a reasonable accommodation to a disability for this employee.
We extend ADA continuous
u/Jcarlough
I’d have a clear conversation with the employee and ask when she believes she believes she may actually be able to return.
If she is unable to provide an answer, you can give her a little bi