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Do we need to accept extended absences for surgery that may not qualify for FMLA leave?

04/01/2013

Q: Is reconstructive breast surgery something that we need to accommodate under the ADA? The employee does not qualify for FMLA. She was treated for cancer, but is no longer under active treatment; however, the reconstructive surgery is "necessary" subsequent to the cancer treatment. In the employer's assessment, the employee is not limited in any of her major life activities and can do her job when at work. However, she may need to undergo multiple absences for additional surgeries, each one being at least two weeks in duration; some may require up to six or seven week absences. The employee's presence is a minimum essential requirement of the position. We can accommodate one or two absences for a short period of time, but not as frequent and as long as she requires, as other employees must pick up her workload when she is out.  – John, Texas

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