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FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers' Shrieks Heard Across the Country
FMLA Insights 
Dec. 18, 2014
"The court also addressed a larger issue that it acknowledged was a novel question: Could Sam use his annual FMLA allotment to effectively convert his full-time position into one that no longer required overtime? Or taken further, could an employee use FMLA leave also to convert a full-time position into a part-time version of the same? In short, the court said 'Yes,' and reminded us that the FMLA does what the ADA cannot. Specifically, the ADA does not require an employer to eliminate an essential function (such as overtime) or provide an accommodation that would cause an undue hardship. However, the same is not true for the FMLA." [Santiago v. Dep't of Transp., No. 3:12cv132 (D. Conn. Sept. 25, 2014)]
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