Employers and attorneys frequently struggle with determining the amount of time to allow an employee to remain off work following the expiration of Family Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et. seq., leave as a reasonable accommodation under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et. seq. In Severson v. Heartland Woodcraft, Inc., 872 F.3d 476, 481 (7th Cir. 2017), the Court of Appeals for the Seventh Circuit issued a pro-employer ruling holding that “a long-term leave of absence cannot be a reasonable accommodation.” The decision is filled with language that will greatly assist defense attorneys in ADA cases involving employees who request time off of work as a reasonable accommodation.
Julie Bruch has written several items for The Illinois Association of Defense Trial Counsel Quarterly (IDC Quarterly). The excerpt above is from the original publication. Follow the link above to read the entire article.