The Americans for Disabilities Act (ADA) provides leave from work as a reasonable accommodation for qualified disabled persons. While many look to the Family and Medical Leave Act (FMLA) to request necessary medical leave to care for themselves, the ADA mandates that employers provide qualified disabled employees with leave from work if the request is reasonable, and does not impose an "undue burden" on the employer. The ADA may cover employers not covered by the FMLA, and furthermore, can protect those who have used up their FMLA leave. In the last few years, the Equal Employment Opportunity Commission (EEOC) has been pursuing employers who deny leave based on blanket workplace rules where the ADA applies. In 2011 for instance, the EEOC settled with the Supervalu supermarket chain for $3.2 million, because the supermarket was terminating employees who could not return to work from medical leave at 100 percent capacity. Instead, Supervalu should have than assessed whether disabled employees could return and perform their jobs with an ADA accommodation, according to the settlement. In February this year, the EEOC settled a lawsuit against the University of Maryland for $92,500 after the University Faculty Physicians group refused to grant an employee who sets appointments one additional day of leave, when the employee was out for two weeks for medical treatment and needed just one more day. As EEOC Philadelphia Office director Spencer H. Lewis, Jr. stated in a press release, “It is not only a good business practice to provide reasonable and inexpensive accommodations . . . it is required by federal law.” Simply put, ADA leave is an exception to any workplace leave policy. The U.S. Department of Labor requires employers to evaluate employee requests under the ADA through an “interactive process,” and not according to blanket rules. Dept. of Labor Regulation, 29 CFR 1630.2(o)(3). The Supreme Court agrees. US Airways, Inc. v. Barnett, 535 U.S. 391, 397–398 (2002). Likewise, Maryland and Virginia federal courts recognize leave from work as a possible ADA accommodation. Barnett v. Uniformed Servs. Univ. of the Health Sciences (D. Md. Aug. 9, 2011); Rodgers v. Lehman, 869 F.2d 253, 259 (4th Cir. 1989). While what equals an ADA “disability” can become complex, it is a “serious health condition” that, generally speaking, requires continuing care and / or an inability to function normally. If you are seeking leave from work to recover from a serious health condition, do not overlook the ADA. If your employer fails to see it, consult us. We may be able to help.
