By Kate McGovern Tornone, Editor
The Americans with Disabilities Act (ADA) permits an employer to require a firm expected return-to-work date when granting leave as an accommodation.
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A recent federal appeals court opinion illustrates just how specific an employee must be to make her request for leave “reasonable,” as the ADA requires.
Facts of the case
Renee Maat worked for Ottawa County, Michigan, as a court recorder. When she developed blood clots in her lung and brain, she requested intermittent Family and Medical Leave Act (FMLA) leave so she could work part-time.
The employer approved her request and had her temporarily switch jobs with another court recorder whose position did not require full-time work.
The swap worked well for Maat but her coworkers and the judge for whom she worked were not happy. Her replacement lacked the necessary skills and certifications to perform certain tasks, which left other employees with extra work and created delays.
When her return-to-work date was approaching and she was about to exhaust her FMLA allotment, Maat still was not able to return to full-time work. The employer extended the arrangement by 3 weeks and her doctor changed her medication.
Her condition, however, worsened. Maat then requested full-time leave for 3 more weeks, explaining that doctors still did not have a handle on what had caused her blood clots and that she likely would be going through medication trials, surgery, and oncological examination.
On receiving this new request, however, the judge who employed Maat expressed concern that doctors had made little progress in helping Maat manage her condition. Because of the difficulties of working without a qualified court recorder and the fact that Maat’s return did not appear to be “on the horizon,” the judge decided to fire and replace her instead of granting her more leave.