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By: Amy C. Bender
Accommodations for disabled workers, and particularly requests for medical leave, continue to present challenges for employers. Who is considered disabled? Do I have to provide employees additional time off work after FMLA, other statutory leave entitlements, and PTO have been exhausted? If so, how much leave do I need to provide? How will I cover the employees’ duties during the absence? If I give additional time off to one employee, will I have to do it for everyone? The questions seem endless.
Fortunately for employers, a recent federal court decision has held that a multi-month medical leave of absence is not a reasonable accommodation under the Americans with Disabilities Act. The court reasoned that the ADA is not a medical leave statute, but rather is intended to prohibit discrimination against qualified individuals with disabilities and to require reasonable adjustments to jobs to enable those employees to perform their essential job functions. By contrast, an extended medical leave does not help a disabled worker perform the job, but rather excuses the inability to work, and thus is not a “reasonable” accommodation. The court noted that a short-term leave of a couple days or even a couple weeks may be a reasonable accommodation, depending on the circumstances. There is no bright line between “short-term” and “long-term” leave, and of course, the facts of each situation will vary. However, the case signals good news for employers by placing some limitation on the ever-increasing accommodation obligation. The decision may be read here.
FMG’s Labor and Employment Law team can assist your organization in responding to accommodation requests, defending ADA claims for failure to provide an accommodation, and implementing effective discrimination and accommodation policies and strategy.
If you have any questions or would like more information, please contact Amy C. Bender at [email protected].