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After FMLA Ends, When Can an Employer Safely Terminate an Employee?
FMLA Insights Link to more items from this source
Oct. 9, 2020

"When it comes to leave, employers generally conduct the undue hardship analysis only after the employee has exhausted FMLA leave and is requesting additional leave as an accommodation. However, an employer can and should take the 12 weeks of FMLA leave already provided to the employee when considering whether additional leave would create a hardship.... it is a dangerous proposition to raise cost as a factor in an undue hardship analysis ... If employees are taking on the extended hours, projects and duties left behind by the absent employee, this is quickly going to be a problem. And it's a concept that is easily articulated to a court."

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