Employment Law This Week (Episode 67: Week of April 10, 2017) has released bonus footage of its interview with Marc A. Mandelman, a Member of the Firm at Epstein Becker Green.
As Mr. Mandelman discusses, the Fifth Circuit has reaffirmed that indefinite leave is not a reasonable accommodation for an employee’s disability. An employee requested extended medical leave beyond the Family and Medical Leave Act (FMLA) with the intent of retiring before the end of his leave. He was terminated upon making this request and filed suit under the Americans with Disabilities Act. The court held that, since the employee’s requested leave would not have allowed him to ever return to work, it was not a required reasonable accommodation.
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