While employers are obligated to grant leave in accordance with the Family and Medical Leave Act (FMLA), that leave can be of limited and definite duration.
Companies are not obligated to grant open-ended or unreasonably long leaves to comply with the requirement that they make reasonable accommodations for employees, according to a recent appellate court decision. The court supported a prior dismissal of a disability discrimination lawsuit.
A worker filed a suit alleging retaliation for her FMLA leave, discrimination under the Americans with Disabilities Act and other transgressions after her employer terminated her, following the expiration of her FMLA leave. Co-workers filled in for her during her prolonged absence, which took place partly to allow time for multiple surgeries and associated recovery time.
The ruling found that her absence contributed to problems at work, including contributing to one individual's resignation. In the end, the ruling determined that the employer had granted her a reasonable leave and was experiencing negative consequences from the temporary measures taken to fill in for her. This suggests that, while HR compliance is a major concern, employers do not necessarily need to accept problematic circumstances indefinitely.
