Seyfarth Synopsis: The U.S. Supreme Court’s decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence, the employer has no additional federal legal obligation to provide additional leave, or hold the employee’s job open.
Recently, the U.S. Supreme Court declined review of a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside an employers’ reasonable accommodation obligations under the Americans with Disabilities Act (ADA). The case is Severson v. Heartland Woodcraft, Inc.
Plaintiff took Family Medical Leave Act (FMLA) leave for multiple herniated discs in his back. He notified his employer that he was scheduled for back surgery the same day his FMLA leave expired, and he requested another three months of medical leave to allow him to return to work. The employer denied this request and discharged his employment. Plaintiff sued, claiming that his employer failed to provide reasonable accommodation by denying him the additional leave.
What is interesting about this case is that the Equal Employment Opportunity Commission filed an amicus brief in support of Plaintiff’s claims. The agency argued that any fixed period of post-FMLA leave can constitute a reasonable accommodation the ADA, and that employers have the burden of demonstrating this additional leave poses an undue hardship.
The Seventh Circuit rejected the argument, affirming summary judgment for the employer. In its decision, the Court concluded that leave requests beyond FMLA that extend for more than a brief period of time are never required under the ADA. The Court never answered the question of whether the additional leave request constituted an undue hardship because once it found that employees who are unable to perform their duties for extended periods of time are “not qualified” as defined by the ADA, the inquiry stops.
Now, the Supreme Court’s decline to review this holding establishes that, at least in the Seventh Circuit, employers do not have to provide significant additional leave following expiration under the FMLA because doing so would convert the ADA to a medical leave entitlement statute. Which it is not. The Seventh Circuit stands in opposition to four other federal appellate circuits and the Equal Employment Opportunity Commission, which treat leave in the same manner as any other requested medical accommodation. Other appellate courts, including the Fourth Circuit and Eleventh Circuit have not litigated this issue up to the appellate level.
As the workforce continues to change its makeup, and individuals continue to take leaves of absences to attend to their personal needs, this area will surely continue to develop.