Robert v. Board of County Commissioners of Brown County, Kansas, et al, 10th Cir., No. 11-3902, August 29, 2012
Articles Discussing Case:
Tenth Circuit Issues Confirming Decision: Employers Are Not Required to Provide Employees with Indefinite Leave from the Performance of Essential Functions
Littler Mendelson, P.C. • September 18, 2012
The Tenth Circuit Court of Appeals, recently issued an important decision in Robert v. Board of County Commissioner of Brown County, 2012 U.S. App. LEXIS 18365 (10th Cir. Aug. 29, 2012), holding that an employee on leave must provide an employer with a reasonable estimate of when he or she will be able to return to duty, performing all essential functions, in order for a leave of absence to be a reasonable accommodation under the Americans with Disabilities Act (ADA).
An indefinite exemption from the essential functions of a job is not a reasonable accommodation under the ADA.
Ogletree Deakins • September 04, 2012
An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers understand their obligation to engage in an interactive process to determine a reasonable accommodation that will assist the employee in returning. But questions often arise regarding whether to allow the employee a reprieve from undertaking the essential functions of the job to which he or she is returning, and whether that reprieve can be for an indefinite period of time.