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Employers that maintain a policy of treating any employee unable to return to work following the expiration of FMLA leave as having voluntarily resigned are begging for trouble.
But don’t just take my word for it.
According to a recent press release from the U.S. Equal Employment Opportunity Commission, the federal discrimination watchdog sued an employer that maintained and applied that policy and violated the Americans with Disabilities Act.
The EEOC claimed that “one disabled employee with pseudotumor cerebri requested a brief extension of leave until her new specialty contact lenses arrived. She explained the lenses would arrive within 30