On September 20, 2017, the Seventh Circuit Court of Appeals issued a decision that a requested three month medical leave due to a disability was not a reasonable accommodation under the ADA. Although there is some discussion of the particular facts in the case, much to the delight of management-side attorneys like me, the case goes beyond saying that the leave was not reasonable in this particular circumstance.
Instead the Court noted that the ADA is not a medical leave statute. The Court held that an accommodation need only be granted under the ADA if it will help the employee work. Since an employee who needs leave cannot work, then they cannot be considered a qualified individual with a disability.
The Court does note that a brief leave of days or perhaps a few weeks, might, in some circumstances be a reasonable accommodation. But, and here’s the good part, “a medical leave spanning multiple months does not permit the employee to perform the essential functions of his job. To the contrary, the “[i]nability to work for a multi-month period removes a person from the class protected by the ADA.”
The subject of how long must an employer grant leave to a disabled employee is a common one. Often, it is the source of great frustration for employers. Although there is still no bright-line test as to just how much leave must be granted, this case certainly seems to limit that time to less than two months for employers within the Seventh Circuit.
Employers should still be cautious as many state and local laws that require reasonable accommodations for disabilities may not be interpreted in the same manner.
If you want to read more, the case is Severson v. Heartland Woodcraft Inc. 2017 U.S. App. LEXIS 18197.