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Often a request for continued and prolonged leave can pose a serious concern, especially when dealing with an employee with a troubled work history. Frequently, employers believe they are within their rights to terminate an employee who has used all of her statutory or company-provided leave time. However, decision making in this area is complicated by the intersection of the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and state workers’ compensation laws, in addition to recent Equal Employment Opportunity Commission (EEOC) enforcement activity.

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