By Kelly Smith-Haley, JD
Under the Americans with Disabilities Act (ADA), employers may be required to offer reasonable accommodations to qualified employees. A recent opinion from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—reminds employers that when it comes to providing a reasonable accommodation, it doesn’t have to result in highway robbery.
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Mark Swanson was hired in 2000 to work as a patrol officer by the village of Flossmoor, a suburb south of Chicago. In November 2006, he was promoted to detective in the criminal investigations unit.
On July 31, 2009, Swanson suffered a stroke that forced him to take a leave of absence under the Family and Medical Leave Act (FMLA). On August 19, he returned to work with a note from his doctor that stated, “Part-time work suggested until patient seen by Neurologist on 9-18-09.”
Following the doctor’s advice, Swanson began working 3 days a week and used his accrued medical leave for the other 2 days of work. This allowed him to receive a full paycheck while working 3 days a week.