FMLA vs. ADA: What Happens When 12 Weeks Runs Out?

Introduction

Day 84. Your 12 weeks of FMLA are up tomorrow, but your doctor says you need another month. Can you be fired? Maybe not.

The ADA Safety Net

The **Americans with Disabilities Act (ADA)** applies to employers with 15+ employees.

Under the ADA, **unpaid leave** can be considered a "reasonable accommodation" for a disability, *even after FMLA runs out*.

The "Undue Hardship" Test

Unlike FMLA (which is automatic), ADA leave is not guaranteed. Your employer can deny it if granting more time would cause "undue hardship" to the business.

• **Likely Approved:** A specific, short extension (e.g., "2 more weeks to recover").
• **Likely Denied:** Indefinite leave (e.g., "I don't know when I can return").

How to Ask

Don't just stay home. You must actively engage in the **"interactive process."**

> "My FMLA ends Tuesday, but my doctor advises I need 3 more weeks to fully recover. I am requesting this additional unpaid leave as an accommodation under the ADA."

Conclusion

The end of FMLA doesn't always mean the end of your job. Pivot to the ADA immediately if you need more time.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice.*