In addressing a disability discrimination claim under the ADA, the Eleventh Circuit ruled this past week that an indefinite leave of absence does not constitute a reasonable accommodation. (See Santandreau v Miami Dade County, March 21, 2013). Because of his various stress-related disorders, the plaintiff employee requested and received a three-month medical leave beginning in January of 2006. He subsequently requested and received a four-month extension, and then a six-month extension of his leave. In January of 2007, the defendant employer granted yet another extension of leave, through May 4, 2007, but refused to grant any more extensions beyond that date. The employee sued, claiming that the employer failed to accommodate his disability. Although recognizing that a leave of absence can constitute a reasonable accommodation, the court held that the ADA does not require an employer to provide leave for an indefinite period of time. Because the employee was still uncertain about the duration of his medical condition and had received multiple extensions of leave, his request for more leave had become unreasonable. The court therefore affirmed the dismissal of the claim. The decision indicates that while an employee may be entitled to a leave of absence for a specific time period as a reasonable accommodation, the employee is probably not entitled to receive repeated extensions of such leave.
- Partner
Cole Bond represents and defends national, regional, and local employers in federal court, state court, and arbitration proceedings against discrimination, harassment, retaliation, wage and hour, and other employment and ...
Topics/Tags
Select- Labor & Employment Law
- Department of Labor
- Employment Law
- Discrimination
- Coronavirus
- FLSA
- Overtime Pay
- Labor Law
- Non-Compete Agreements
- National Labor Relations Board
- Wage & Hour
- Federal Trade Commission
- Privacy
- Reasonable Accommodation
- NLRB
- Workplace Accommodations
- Employee Benefits and Executive Compensation
- Pregnancy Discrimination
- FMLA
- Arbitration
- Employment Litigation
- Workplace Violence
- Religion Discrimination
- Medical Marijuana
- IRS
- Litigation
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Retirement
- Medical Cannabis Dispensaries
- National Labor Relations Act
- Race Discrimination
- Sexual Orientation Discrimination
- Accommodation
- OSHA
- Employer Handbook
- ERISA
- Whistleblower
- EEOC
- ADAAA
- United States Supreme Court
- ACA
- Affordable Car Act
- Unions
- Title VII
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- NLRA
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Paycheck Protection Program
- Benefits
- Class Action Litigation
- Disability Law
- Gender Identity Discrimination
- Posting Requirements
- Securities Law
- E-Discovery
- Evidence
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- Environmental Law
- Family and Medical Leave Act
- US Department of Labor Employee Benefits Security Administration
- Privacy Laws
- Representative Election Regulations
- Department of Justice
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Electronically Stored Information
- Equal Opportunity Clause
- Telecommuting
- Compensable Time
- Occupational Safety and Health Administration
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- Federal Court Overturns Expansion of Overtime Requirements
- U.S. Supreme Court to Review Title VII Reverse Discrimination Case
- NLRB General Counsel Expands Focus on Non-Compete Agreements and Stay-Or-Pay Agreements
- FTC's Non-Compete Rule Struck Down
- District Court Finds in Favor of FTC, Declines to Issue Injunction
- DOL Increases Compensation Threshold for Exemption Eligibility
- Federal Trade Commission Announces New Rule Invalidating Non-Compete Agreements
- EEOC Announces Final Rule Providing Guidelines under the PWFA
- The Practical Employment Law Podcast: Immediate Termination
- The Practical Employment Law Podcast: Labor & Employment Law Update February 2024