By Kate McGovern Tornone, Editor
An employer does not have to provide indefinite intermittent leave to an employee as a reasonable accommodation, the 6th U.S. Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has ruled.
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In Boileau v. Capital Bank Financial Corp., No. 15-5820 (6th Cir. April 25, 2016), the court held that an employee who needed 8 to 12 weeks off every 1 to 2 months was not qualified for the Americans with Disabilities Act’s (ADA’s) protections because there was no reasonable accommodation that would allow her to perform the essential functions of her job.
Facts of the case
Dianne Boileau worked as the head teller for a branch of Capital Bank. She was responsible for handling customer accounts, creating work schedules, dealing with customer complaints, balancing the vault and resolving problems with the ATM.
She had lupus and in 2011, took intermittent Family and Medical Leave Act (FMLA) leave to deal with complications. In 2012, she began a second period of FMLA leave. Eventually, she submitted medical certification that because of her impairment, she would be incapacitated every 1 to 2 months for 8 to 12 weeks for the rest of her life. When she exhausted her 2012 FMLA leave, the bank fired her.
Boileau sued, alleging disability discrimination and FMLA retaliation. The U.S. District Court for the Middle District of Tennessee granted summary judgment for the employer on both claims.