What do you do when you reach the end of your Family Medical Leave Act (FMLA) 12-week rope? One thought is to request a Reasonable Accommodation on the Rehabilitation Act of 1973 or ADAAA. That’s correct! In addition to your federally guaranteed 12 weeks of FMLA leave you can request more leave as a reasonable accommodation. In fact, that may be a very smart thing to do. If you do so and the agency removes you anyway, you could potentially bring an EEO case or have an Affirmative Defense of EEO Disability Discrimination under the Rehabilitation Act (ADAAA) in your Merit Systems Protection Board (MSPB) Appeal.
The MSPB affords most Title V and Title 38 Hybrid employees the right to appeal his or her removal before an administrative law judge. The process is complex and precise and it often behooves the federal employee to reach out to a federal employee attorney with significant experience in this niche area of law. We would be happy to speak with you and work with you to discuss your options in appealing these types of removal actions before the MSPB or EEOC.