Total Articles: 27
Jackson Lewis P.C. • April 04, 2018
Sometimes the actions a court doesn’t take can have a very big impact. The Supreme Court’s April 2, 2018 decision not to review a recent Seventh Circuit ruling is just one of the cases.
Jackson Lewis P.C. • March 14, 2018
Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such donated time means the employee is not performing the essential function of attendance. On the one hand, the employee is not violating any attendance rules if the time off is donated under the program. On the other hand the employee may be taking an excessive amount of time off that is disruptive to the employee’s performance of essential job functions.
Littler Mendelson, P.C. • January 26, 2018
Dear Littler: One of our key employees was injured in a serious car accident. She qualified for, and took, a full 12 weeks of leave under the Family and Medical Leave Act (FMLA) to recover. She was supposed to return to work on Monday but now says she’ll need to take at least another month off for physical therapy as a “reasonable accommodation.” Must we grant her this leave? Since when is NOT working considered a reasonable accommodation?
Ogletree Deakins • January 16, 2018
Is additional time off after a leave of absence a “reasonable” accommodation? The answer is unclear, and usually is “It depends.” Federal courts recently have disagreed with each other on the issue, and the question has received continued and increasing attention after the EEOC’s 2016 Guidance on medical leaves under the Americans with Disabilities Act.
Jackson Lewis P.C. • November 30, 2017
While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation under the ADA. There is little dispute that leave for an indefinite period where the employee has a long term chronic condition is not a reasonable accommodation, but how much time must the employer give? Is a month of extended leave reasonable? Two months? Four months?
Jackson Lewis P.C. • November 12, 2017
On October 17, 2017, on the heels of its landmark decision in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of the employer in its unpublished opinion in Golden v. Indianapolis Housing Agency, No. 17-1359 (7th Cir. Oct. 17, 2017), reiterating that “[a]n employee who needs long-term medical leave…is not a ‘qualified individual’ under the ADA.”
XpertHR • October 31, 2017
A long-term medical leave of absence after Family and Medical Leave Act (FMLA) leave has been exhausted cannot be a reasonable accommodation, the 7th Circuit Court of Appeals has ruled in a pair of pro-employer decisions. In Severson v. Heartland Woodcraft, Inc., the appellate court found that a medical leave spanning multiple months does not permit the employee to perform essential job functions, as required under the Americans with Disabilities Act (ADA).
FordHarrison LLP • October 01, 2017
Executive Summary: When an employee seeks leave as an accommodation for a disability under the Americans with Disabilities Act (ADA), the decision regarding whether to grant or deny the request can be challenging. Employers must look closely at the particular circumstances of every case in order to determine whether the amount of leave requested can be provided to the employee without causing undue hardship to the employer’s business.
Jackson Lewis P.C. • September 26, 2017
In a significant ruling for employers, the U.S. Court of Appeals for the Seventh Circuit has held that a request for a two-to-three-month leave of absence is not a reasonable accommodation pursuant to the Americans with Disabilities Act. Severson v. Heartland Woodcraft, No. 15-3754 (7th Cir. Sept. 20, 2017).
Fisher Phillips • May 25, 2017
A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against her former employer. Employers can learn three important lessons from the May 2, 2017 decision.
Ogletree Deakins • March 31, 2017
On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable accommodation.
Jackson Lewis P.C. • February 15, 2017
Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such as Williams v. AT&T Mobility Services LLC are providing much-needed guidance regarding the scope of an employer’s duty to accommodate. The Williams case illustrates how carefully-designed policies, frequent communication, and a generous sprinkling of patience form key ingredients in the recipe for avoiding liability under the Americans with Disabilities Act (ADA).
Franczek Radelet P.C • May 24, 2016
Earlier this month, the EEOC issued a technical assistance resource on leave as an ADA reasonable accommodation under the ADA. I am delighted that EEOC Commissioner Chai Feldblum will join me for a webinar to take a deep dive into the information provided in the EEOC’s resource and apply the technical assistance to a variety of real-life scenarios.
Jackson Lewis P.C. • May 19, 2016
Since June 2011, when the EEOC suggested it might issue guidance on leave as a reasonable accommodation under the ADA, we have likened the wait to waiting for Godot. See here and here. After nearly five years of reciting that “it didn’t come today, it might come tomorrow,” on May 9, 2016, the EEOC issued a “resource document” on leave and the ADA. Unlike in Beckett’s play, Godot arrived.
Ogletree Deakins • May 15, 2016
On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released a resource document titled, “Employer-Provided Leave and the Americans with Disabilities Act,” which offers insights into when employers should provide leave as an accommodation under the Americans with Disabilities Act (ADA). As a refresher, the ADA requires covered employers to provide reasonable accommodations to applicants and employees with disabilities who require such accommodations due to their disabilities. Under the ADA, employers would not be obligated to provide a “reasonable accommodation” if it would cause “undue hardship” to the employer.
Responding to an all-time high rate of disability charges filed in fiscal year 2015, the Equal Employment Opportunity Commission (EEOC) has issued a new publication reiterating an employer's obligation, under the Americans with Disabilities Act (ADA), to provide leave as a reasonable accommodation to employees with disabilities.
Littler Mendelson, P.C. • May 11, 2016
On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act of 1990 (ADA). This document consolidates existing guidance by the EEOC on the ADA and leaves of absences regarding, among other things, leave as a reasonable accommodation, including the interactive process and policies on leave, reinstatement and reassignment.
Franczek Radelet P.C • January 21, 2016
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ But how much leave are we obligated to provide? And what if the employee already has taken months of leave and doesn’t really know when she’ll return?
FordHarrison LLP • July 30, 2014
Executive Summary: When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the position that, absent undue hardship, an employer must modify such a policy to allow for additional leave to a disabled employee, the case law interpreting the ADA has provided no definitive guidance for determining when requests for additional leave may be unreasonable under the Act.
Ogletree Deakins • June 13, 2014
Equal Employment Opportunity Commission (EEOC) guidance provides that employers violate the Americans with Disabilities Act (ADA) by enforcing inflexible policies with specified leave limits.
Ogletree Deakins • February 18, 2014
The U.S. District Court for the Northern District of Illinois denied a motion filed by United Parcel Service, Inc. (UPS) to dismiss a claim by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging the company’s leave policy. The challenged policy requires that employees “be administratively separated” from employment after 12 months of medical leave. EEOC v. United Parcel Service, Inc., N.D. Ill., No. 09C5291, February 11, 2014.
Franczek Radelet P.C • June 10, 2013
For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to return to work after exhausting FMLA leave. (Depending on what the EEOC says in that eventual guidance, however, employers may regret asking for it in the first place.)
Franczek Radelet P.C • September 06, 2012
In light of the EEOC's litigation over automatic termination provisions under the ADA (we've beaten you over the head with it here and here),
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.
Franczek Radelet P.C • March 07, 2012
When it comes to employee leaves of absences, compliance with the overlapping requirements of the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) can challenge even the most seasoned of human resources professionals. A recent federal court case highlights some of the pitfalls awaiting employers when an employee asks for additional leave as an accommodation under the ADA. (Valdez v. McGill)
Franczek Radelet P.C • September 12, 2011
Thanks to those who attended my webinar last week with EEOC Regional Attorney John Hendrickson on "Examining the Use of 'Leave' as a Reasonable Accommodation Under the ADA." If you missed the program, you can access the webinar and materials here. As the survey feedback indicated, it was a great opportunity to discuss issues specifically relating to leaves of absence under the Family and Medical Leave Act and the Americans with Disabilities Act.
Ogletree Deakins • May 04, 2009
The 8th U.S. Circuit court of Appeals recently upheld summary judgment in favor of an employer who terminated the employment of an individual undergoing cancer treatment. Peyton v. Fred’s Stores of Arkansas, Inc., 8th Cir., No. 08-2346, April 15, 2009. In that case, the Court held that because there was no reasonable accommodation that would have allowed the individual to perform the essential functions of her job during the period in which she was absent for treatment, there was no violation of the ADA.