News & Analysis as of

Americans with Disabilities Act Termination Medical Leave

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -

Does The ADA Require An Employer To Extend A Leave Taken Under The FMLA?

by Roetzel & Andress on

Are you an employer who must provide benefits to employees under the Family Medical Leave Act (“FMLA”) because you have had 50 or more employees for at least 20 weeks during the past year? If so, do you sometimes get...more

“Brute Reason” or Lack of Nuance: Seventh Circuit’s Twin Holdings That a Long Term Leave is Not a Reasonable Accommodation May...

In one of his more pithy lines, Oscar Wilde wrote, “I can stand brute force, but brute reason is quite unbearable. There is something unfair about its use. It is hitting below the intellect.” Oscar Wilde, The Picture of...more

Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date

by Jackson Lewis P.C. on

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...more

Employer ADA Test Conundrum? Seventh Circuit Flip Flops on ADA Accommodation Ruling

by LeClairRyan on

The Seventh Circuit ruled that an employee’s extended medical leave request was “categorically unreasonable” under the ADA. However, what should an employer do when one of the Seventh circuit judges writes that prior decision...more

Seventh Circuit Holds That The ADA Is Still Not A Leave Statute

by Jackson Lewis P.C. on

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...more

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

by Franczek Radelet P.C. on

There may not be an issue more difficult in HR land than 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.’ ...more

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

by Clark Hill PLC on

On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...more

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

by Holland & Knight LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

Seventh Circuit Holds That Extension of A Medical Leave Is Not A Reasonable Accommodation

On September 20, 2017, the Seventh Circuit held that an extension of a medical leave more than a few days beyond the 12 weeks provided by the Family and Medical Leave Act (“FMLA”) is not a reasonable accommodation under the...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

The ADA is not an Extended Medical Leave Statute, Says the Seventh Circuit

by Benesch on

On September 20, 2017, the Seventh Circuit drew a clear line in what has been an ambiguous area: a “multi-month” leave is not a “reasonable accommodation” under the ADA. In the Seventh Circuit at least, employers are no...more

How Long is Too Long?? Seventh Circuit Sheds Light on Leave as Reasonable Accommodation

by Baker Donelson on

On September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued an opinion addressing the most difficult question employers encounter when faced with a request for leave as an accommodation for a disability –...more

Seventh Circuit Rebukes EEOC—Extended Leave Is Not a Reasonable Accommodation under the ADA

by Blank Rome LLP on

In a victory for employers in Illinois, Indiana, and Wisconsin, the Seventh Circuit ruled recently that the Americans with Disabilities Act (“ADA”) does not require employers to give workers extended additional leave after...more

Lengthy Leave of Absence Loses Reasonable Accommodation Status Under the ADA

As employers throughout the country know, what constitutes a reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be a difficult and very fact-specific inquiry. Frequently, employers are faced with...more

Seventh Circuit Holds That Multiple-Month Extended Leaves Are Not Reasonable Accommodations Under The ADA

by SmithAmundsen LLC on

Because not all recoveries from medical conditions come in neat twelve-week packages, employers commonly need to address employees’ requests for additional leave after they have exhausted all leave afforded under the Family...more

ADA Does Not Provide Medical Leave Entitlement To Worker Seeking Post-FMLA Leave, Seventh Circuit Holds

by Jackson Lewis P.C. on

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...more

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Drawing the Line on Leave Policies for Employees With Disabilities

by BakerHostetler on

Within the past three months, the U.S. Equal Employment Opportunity Commission (EEOC) has secured nearly $9 million from companies that have committed violations of the Americans with Disabilities Act (ADA) by discriminating...more

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

by Foley & Lardner LLP on

Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more

Death Threats Lead To Employer's ADA Victory

by Fisher Phillips on

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Oakland Children's Hospital Sued by EEOC for Disability Discrimination

Medical Center Fired Employee with Breast Cancer, Federal Agency Charged - OAKLAND, Calif. - An Oakland-based non-profit regional medical center violated federal law when it failed to accommodate and instead fired an...more

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

by Proskauer Rose LLP on

Can an employee state a claim for a disability discrimination termination when he advises his employer that his return to work date "is indeterminate at this time" and the employer, without further discussion with the...more

EEOC Sues Midwest Regional Medical Center For Disability Discrimination

Hospital Fired Employee for Accepting its Offer of a Brief Leave of Absence After Cancer Treatment, Federal Agency Charged - OKLAHOMA CITY, Okla. - Midwest Regional Medical Center, an acute care hospital and for-profit...more

Americold Logistics to Pay $46,000 to Settle EEOC Disability Lawsuit

Employee Fired Because of Chronic Back Pain, Federal Agency Charged - INDIANAPOLIS -- Americold Logistics, LLC, an Atlanta-based global provider of temperature-controlled warehousing and logistics to the food industry,...more

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