The Seventh Circuit held last week in Severson v. Heartland Woodcraft, Inc., — F. 3d — Case No. 14-cv-1141 (7th Cir. Sept. 20, 2017) that “a long-term leave of absence cannot be a reasonable accommodation” under the ADA. In analyzing the law and language of the ADA the Court concluded that the ADA “is an antidiscrimination statute, not a medical-leave entitlement.”
It is important to note that prior to requesting additional leave the employee took 12 weeks of FMLA leave. Two weeks before his leave expired, he told the employer that his condition had not improved and that he would need surgery the date that his leave expired, and that the typical recovery time for this surgery was at least two months. Rather than provide the additional leave the employer notified the employee that his employment would end when his FMLA leave expired the following day. See the decision here: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D09-20/C:15-3754:J:Sykes:aut:T:fnOp:N:2032346:S:0
hawaii employment law blog 