News & Analysis as of

Americans with Disabilities Act (ADA) Medical Leave Termination

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

Venable LLP

Responding to Mental Health Accommodation Requests

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Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

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On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

Tucker Arensberg, P.C.

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Tucker Arensberg, P.C. on

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

Jackson Lewis P.C.

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

Jackson Lewis P.C. on

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more

Stokes Wagner

A Suspended Employee is Still an Employee Under the ADA

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Picture the following scenario: An employee engages in misconduct at work that results in suspension pending investigation and would normally probably end in termination. But at the time of the suspension, the employee...more

Bradley Arant Boult Cummings LLP

3 Steps to Figuring Out ADA Reasonable Accommodations for Mental Illness

What do you do when an employee discloses that he or she is stressed out and needs a reasonable accommodation under the Americans with Disabilities Act, but the requested accommodation strikes you as unreasonable? If you are...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Oceanic Time Warner Cable / Spectrum for Disability Discrimination

Communication Company's Inflexible Leave and Attendance Policies Deny Employees Reasonable Accommodations, Federal Agency Charges - HONOLULU, Hawaii - Oceanic Time Warner Cable LLC, doing business as Spectrum, violated...more

Amundsen Davis LLC

EEOC Consent Decree A Reminder That Attendance Policies Must Have An ADA Escape Valve

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In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more

Jackson Lewis P.C.

District Courts In The Seventh Circuit Begin To Clarify Landmark Severson Decision

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As we have previously reported, on September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a significant ruling for employers in Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017), when...more

Amundsen Davis LLC

Plaintiff Petitions The Supreme Court To Hear Extended Leave ADA Case

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On January 18th, the plaintiff in Severson v. Heartland Woodcraft Inc. petitioned the United States Supreme Court to review his case, in which he claimed that a multi-month leave under the ADA, beyond the Family and Medical...more

Pierce Atwood LLP

Courts Continue To Grapple With Leave As A Reasonable Accommodation Under ADA

Pierce Atwood LLP on

When is it safe to terminate an employee who has exhausted (or is ineligible for) Family Medical Leave Act (FMLA) leave, but who is unable to return to work? This question continues to confound employers, and has been the...more

Roetzel & Andress

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

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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

Bond Schoeneck & King PLLC

“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

Jackson Lewis P.C.

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

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

Jackson Lewis P.C.

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

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

Franczek P.C.

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

Franczek 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

Clark Hill PLC

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

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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

Holland & Knight LLP

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

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

Cozen O'Connor

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

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

Benesch

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

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

Baker Donelson

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

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

Blank Rome LLP

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

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

Saul Ewing LLP

Lengthy Leave of Absence Loses Reasonable Accommodation Status Under the ADA

Saul Ewing LLP on

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

Amundsen Davis LLC

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

Amundsen Davis 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

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