FMLA Exhaustion Isn’t a Finish Line — It’s a Trigger

Quick Takeaway:

FMLA exhaustion isn’t the end of your obligations — it’s the trigger for a separate one under the ADA. Terminating on the exhaustion date without engaging in the interactive process is a common, and commonly litigated, mistake.

The Pattern Employers Fall Into

The logic seems clean: the entitlement ran out, the absence became unexcused, termination followed. Case closed — or so it seems.

Why That Logic Fails
From a regulator’s perspective, the FMLA exhaustion date isn’t a finish line. It’s the moment the ADA’s reasonable accommodation obligation begins. Additional unpaid leave is often a required accommodation at that point — not an extra benefit the employer is choosing to extend out of goodwill.

The Interactive Process Starts Without an Invitation
Employers often wait for the employee to formally request more leave. That’s not how the trigger works.
The interactive process kicks in the moment the employer knows the employee has a condition affecting their ability to work — and FMLA exhaustion is exactly that kind of notice. Terminating on the exhaustion date without engaging in that process doesn’t skip a courtesy. It skips a legally required step.

Where the Line Actually Is
This isn’t a mandate for indefinite leave. Courts have consistently held that an accommodation request can become unreasonable, and employers aren’t required to hold a position open forever. But “unreasonable” is a determination reached through the interactive process — not an assumption made in advance by quietly treating the FMLA end date as the ADA end date, too.

Find the Gap Before a Plaintiff’s Attorney Does
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Disclaimer: This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Employment laws vary significantly by state and circumstance. Please contact our office regarding your specific situation.