When Employers Ignore the ADA Interactive Process for Employees on FMLA: A Cautionary Tale for HR and City Leaders
A recent federal lawsuit offers a stark reminder of how quickly an avoidable HR failure can escalate into full ADA and Rehabilitation Act litigation. The case involves a municipal employee who suffered serious spinal injuries after a car accident. Although she attempted to return to work, her condition worsened, ultimately requiring extended medical leave, ongoing treatment, and a recommendation for spinal surgery.
During her FMLA leave, she stayed in regular contact with HR, continued paying her insurance premiums out of pocket, and worked diligently to secure a surgeon who could perform the procedure. As her FMLA period neared its end, her physician confirmed she would need surgery and several weeks of recovery time. She then did exactly what the ADA requires: she requested an extended period of unpaid leave as a reasonable accommodation.
And that’s where the employer’s conduct becomes especially concerning.
Despite three separate written requests—sent on January 31, February 5, and February 6—HR never responded. No paperwork was provided. No questions were asked. No interactive process was initiated. There was no communication at all leading up to the expiration of her FMLA leave. When FMLA intersects with the ADA, employers have a heightened obligation to evaluate whether additional leave is a reasonable accommodation. Providing FMLA leave does not relieve an employer of its ADA obligations—the statutes operate independently, and the end of FMLA is often the beginning of the ADA analysis, not the end of it.
The timing makes the situation even more troubling. On the very first morning she was scheduled to return from FMLA leave, she received a termination letter stating she was being discharged for “not returning from FMLA leave.” From an HR compliance perspective, this sequence of events looks less like an oversight and more like an employer waiting for the FMLA clock to run out so they could justify a termination they had already decided upon. When an employee repeatedly requests an ADA accommodation and HR responds with complete silence—followed immediately by termination—the optics are unmistakable.
The lawsuit alleges disability discrimination, failure to accommodate, and retaliation under both the ADA and the Rehabilitation Act. Because the employer receives federal funding, the Rehabilitation Act applies alongside the ADA, increasing exposure and scrutiny.
The complaint also highlights a critical and often overlooked consequence: the employee lost her health insurance the moment she was terminated. For someone awaiting spinal surgery, that loss is catastrophic. In litigation, damages tied to the cancellation of health insurance can be enormous—covering delayed medical care, worsening conditions, out‑of‑pocket treatment costs, and the long‑term impact of not receiving medically necessary surgery. When HR mishandles ADA compliance and FMLA obligations, the financial exposure extends far beyond back pay.
For employers, the lesson is clear. The ADA’s interactive process is not optional. When an employee requests an accommodation—even one involving extended leave—HR must respond promptly, gather information, evaluate the request, and document the process. Terminating an employee immediately after an accommodation request is one of the clearest retaliation fact patterns in employment law.
This case underscores the importance of HR compliance, labor law compliance, and trained HR leadership—especially in public sector environments where federal funding triggers additional obligations. When HR teams are understaffed, untrained, or inconsistent, the risk of ADA violations increases dramatically. Contact our Outsourced CHRO team to discover how we can help your company ensure labor law compliance.
For SMBs and municipalities alike, HR outsourcing and fractional CHRO support can prevent these failures by ensuring accommodation requests are handled correctly, communication is documented, and decisions align with federal law. The cost of getting it wrong is far greater than the cost of doing it right.
People Also Ask
How does FMLA intersect with the ADA when an employee needs more leave FMLA and the ADA operate independently, and providing FMLA leave does not relieve an employer of its ADA obligations. When FMLA expires, the ADA may still require additional unpaid leave as a reasonable accommodation. Employers must evaluate the request, engage in the interactive process, and document their decision. Ignoring the request or failing to respond is a breakdown in ADA compliance and exposes the organization to significant risk.
Does granting FMLA leave satisfy an employer’s HR compliance requirements No. FMLA is only one part of the compliance landscape. HR compliance also requires evaluating ADA accommodation requests, ensuring labor law compliance, maintaining communication with the employee, and documenting every step of the process. When HR stops communicating or fails to engage in the interactive process, the employer is no longer compliant—even if FMLA was granted.
What should employers do to prepare for an employee’s return at the end of FMLA leave Employers should communicate in good faith with the employee before FMLA ends, clarify return‑to‑work expectations, and request a fitness‑for‑duty certification when required. This communication is essential when FMLA intersects with the ADA, because the employer must determine whether the employee can return safely, whether restrictions exist, and whether additional ADA accommodations are needed. A complete lack of communication can be viewed as evidence of bad faith.
Can an employer terminate an employee immediately after FMLA ends Only if the employer has attempted to communicate with the employee in good faith and when relevant, has fully evaluated whether the ADA requires additional leave or another accommodation. Terminating an employee the moment FMLA expires—especially after the employee has requested an ADA accommodation—creates a strong inference of retaliation. Courts look closely at timing, communication, and whether the employer engaged in the required ADA process.
How can HR outsourcing help employers avoid ADA and FMLA violations HR outsourcing provides experienced HR professionals who understand ADA compliance, labor law compliance, and the complexities of leave management. Outsourced HR teams ensure communication is consistent, documentation is complete, and accommodation requests are handled correctly. This reduces risk, protects the organization, and supports employees through medically challenging situations.
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