Recently the United States Court of Appeals for the Fourth Circuit, which Maryland is a part of, decided a case involving a request for short-term leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). In, Wilson v. Dollar General Corporation, Lamont Wilson suffered from an eye condition that required him to take six weeks of leave under his employer’s sick leave policy. On the day Wilson was set to return he presented his employer with a note from his doctor stating that Wilson would not be able to return to work for an additional two days. Unable to return to work, Mr. Wilson was terminated. Mr. Wilson sued Dollar General for failure to provide a reasonable accommodation under the ADA. The district court found in favor of Dollar General finding that Wilson was not a qualified individual with a disability because no reasonable accommodation existed that would allow him to perform the essential functions of his job. The court of appeals ultimately upheld the lower court’s decision, but, in doing so, made two important statements. First, the court of appeals stated, without deciding, that a reasonable accommodation request of two-day leave request is “not unreasonable on its face.” Second, the court points out that a request for “prospective leave to alleviate an intermittent disability presents unique challenges for the employee.” Namely, Wilson was required to prove that had he been granted the two days of leave Wilson could have performed the essential functions of his job, which included lifting and loading objects of varying weights. The doctor’s note that he provided was silent on whether he could perform any of his job’s essential functions. Indeed, Wilson failed to supply any evidence proving that, “had he been granted such leave, he could have performed the essential functions of his position on his requested return date.” If you have been denied a reasonable accommodation request of short-term leave, and you believe your employer violated the ADA, you will have to prove that upon returning from the short term leave you would have been able to perform all the essential functions of your job. Such a showing can be made by submitting detailed doctor’s notes or vocational evaluations that establish your ability to perform ALL of the essential functions of your job. This can be difficult, as demonstrated by Mr. Wilson’s case. The attorneys at Lebau & Neuworth are experienced in advocating for, and, if necessary, litigating reasonable accommodation cases under the ADA and we may be able to help you. For more information, contact us.
