Wyatt Employment Law Report


Leave a comment

Long-Term Leave Not a Reasonable Accommodation Under the ADA… According to the Seventh Circuit

medical leave request

By Michael D. Hornback

The intersection between the Family Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”) is sticky, at best.  Over the years, partners in my Firm and I have received phone calls that go something like this: “Hey, Lawyer.  I have an employee who has been off work dealing with [insert medical condition].  He is supposed to be back next week, but now he is saying he needs more time off to deal with [aforementioned medical condition].  What do I do?”  Good question.  And the answer is not always clear.

This is precisely the set of circumstances the Seventh Circuit Court of Appeals considered in Severson v. Heartland Woodcraft, Inc., — F.3d —, 2017 WL 4160849 (Sept. 20, 2017).  The short version of the opinion is that in the Seventh Circuit, long-term leave is not a reasonable accommodation under the ADA.  The Seventh Circuit Continue reading