Returning to work
Coming back is not the end. It is the moment where rights shift from FMLA (leave) to ADA (accommodation). Plan the transition.
Reinstatement: same or equivalent
You return to the same position or a virtually identical one. Same pay, same benefits, same shift, same duties, same authority. "Equivalent" is defined narrowly. If your role has changed materially, push back in writing immediately and cite 29 CFR 825.215.
Request ADA accommodations before you are overwhelmed
FMLA got you time off. ADA gets you the conditions you need to succeed once you are back: reduced hours for a transition period, remote work for reduced sensory load, schedule adjustments around therapy, a quieter workspace. The ADA "interactive process" is a back-and-forth about what is reasonable.
If FMLA runs out before you are ready
Twelve weeks is a hard ceiling on FMLA, but ADA can extend protection beyond it. Additional unpaid leave can be a reasonable accommodation under ADA if it is finite and defined. Courts have generally said open-ended or indefinite leave is not reasonable. How much extra leave is reasonable varies by federal circuit. The EEOC and most courts accept short, defined extensions. The Seventh Circuit (Wisconsin, Illinois, Indiana) is more skeptical of multi-month extensions and has at times rejected even a few weeks (see Severson v. Heartland Woodcraft, 872 F.3d 476 (7th Cir. 2017)). The Tenth Circuit upheld a six-month inflexible cap in Hwang v. Kansas State Univ., 753 F.3d 1159 (10th Cir. 2014). The Second Circuit applies a more flexible standard (see Tudor v. Whitehall Cent. Sch. Dist., 132 F.4th 242 (2d Cir. 2025)). Talk to a local employment attorney before planning around any specific length.
Do these before moving on
- 1
Send your accommodation request before your return date
Start from the template. Name the accommodations you want. Ask HR to confirm in writing.
- 2
Read: Returning to work after FMLA
Reinstatement, equivalent-position rules, and what to watch for.
- 3
Keep your provider in the loop
If symptoms return on reentry, they can update your certification.
Ready-to-use letter templates
For survivors of childhood trauma
Reentry can be the hardest part
For survivors of complex trauma, returning to the environment that contributed to the breakdown can re-trigger the symptoms that sent you out in the first place. Remote work, schedule shifts, and reduced meeting load are all ADA-reasonable. If the environment itself is unsafe, reassignment to a different team or role can also be a reasonable accommodation.
Read: EAP traps and managed-care failures