Leave & Accommodation Planning
Plan your leave or accommodation before a workplace issue becomes a dispute.
Medical conditions, disabilities, pregnancy-related limitations, caregiving needs, and periods of leave can create difficult questions for executives and professionals who want to protect both their health and their careers. I advise employees on how to approach leave and accommodation issues thoughtfully, understand their options, and communicate with their employer before making important decisions.
I help clients evaluate workplace leave and accommodation issues that may involve laws such as the FMLA, ADA, and PWFA, as well as employer policies, employment agreements, disability benefits, and other workplace requirements that may affect the situation.
My work may include reviewing an employer’s policies and communications, helping a client prepare an accommodation or leave request, evaluating requests for medical documentation, advising on return-to-work issues, and considering how leave or an accommodation may interact with performance expectations, compensation, or an anticipated job transition.
The goal is to help you understand your options, communicate strategically, and make informed decisions while there is still an opportunity to address the issue constructively.
Ms. Mijares is an excellent attorney. She helped me with my work contract, addressed my issues and concerns, and did it in a timely manner. She was very thorough. I would highly recommend her.
Leave & Accommodation Issues I Can Help You Navigate
Leave and accommodation issues often involve more than one policy, benefit, or legal framework. Depending on the circumstances, an employee may need to consider the FMLA, the ADA, the Pregnant Workers Fairness Act (PWFA), employer leave policies, disability benefits, paid time off, or provisions in an employment agreement.
I can help you evaluate issues such as:
- Whether FMLA leave, a disability accommodation, a pregnancy-related accommodation, or an employer leave policy may apply to your situation.
- How and when to communicate a request for leave or workplace accommodation.
- What information to provide when requesting an accommodation or period of leave.
- Requests for medical certifications, supporting documentation, or additional information from your employer.
- Intermittent leave, reduced schedules, modified duties, remote-work arrangements, and other potential workplace adjustments.
- Return-to-work planning, work restrictions, and fitness-for-duty issues.
- What to consider when FMLA leave is exhausted but a medical condition or workplace limitation continues.
- How leave or an accommodation may interact with performance expectations, compensation, bonuses, equity, or an anticipated job transition.
- Communications with HR or management when the process becomes unclear or difficult to navigate.
Because leave and accommodation rights depend heavily on the individual circumstances, I help clients identify which rules may apply, understand the options available to them, and develop a practical approach for communicating with their employer.
Questions to Consider Before Requesting Leave or an Accommodation
Before requesting leave or a workplace accommodation, it can be helpful to understand which rules and policies may apply, what information the employer may need, and how the request could affect other aspects of the employment relationship.
Questions I help clients work through include:
- Which leave, accommodation, or employer policies may apply to the situation?
- Does the employee appear to meet the eligibility requirements for FMLA leave?
- Could a medical condition or workplace limitation support a reasonable-accommodation request under the ADA?
- Could pregnancy, childbirth, or a related medical condition implicate the Pregnant Workers Fairness Act (PWFA)?
- What should the employee communicate to HR or management, and when?
- What medical certification or other documentation may appropriately be requested?
- Would intermittent leave, a reduced schedule, remote work, modified duties, additional leave, or another workplace adjustment address the situation?
- How should the employee approach a return to work with continuing restrictions?
- How might leave or an accommodation affect compensation, bonuses, equity, performance expectations, or an anticipated career transition?
- What should the employee consider before resigning or making another significant employment decision while a leave or accommodation issue is unresolved?
FMLA eligibility, disability accommodations, and pregnancy-related accommodations are governed by different legal standards and may overlap in a particular situation. I help clients identify the issues that may apply to their circumstances and develop a practical plan for addressing them with the employer.
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