No FMLA leave? ADA may be available.
An employee who has used up all paid and FMLA leave (or who isn't yet eligible for FMLA leave) may have other leave options if he's also disabled. Even without paid or FMLA leave, the employee may be entitled to unpaid leave during a flare-up of his disabling condition as long as he can produce an estimated return date.
Recent case: Darryl worked for Kimberly-Clark at its receiving dock in Chester.
He operated a forklift to unload semi-trailer trucks, and also updated the company's computer system.
In 2000, after more than a decade on the job, he was diagnosed with gout. He continued working, but sometimes had flare-ups that made it hard to perform everyday activities such as walking, running, thinking and concentrating.
Between 2011 and 2014, Darryl took several medical leaves for gout. He usually used vacation time, and then requested FMLA leave to extend his time off. He always returned to work.
Then, in 2015, he had another attack. He took vacation leave...
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