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12 weeks is when any FMLA protection would end. However, after 12 weeks employers are still required to "reasonably accommodate" disabled employees by allowing them to take additional time off to the extent that it does not result in undue hardship to the business. So, if the employee can establish that the company could have held their position longer without incurring undue hardship (defined as significant difficulty or expense) then they can sue for disability discrimination under the Americans With Disabilities Act. The way to do that would be to file a complaint with the EEOC.
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