June 05, 2025
Court Rules LOA Denied Beyond 15 Months May Be Disability Discrimination
An employer had a policy that provided up to 12 months of combined leave and noted that failure to return to work at the end of the 12 months may result in termination. The employer granted an employee a total of 15 months of continuous leave because of his own medical condition or to care for his wife’s medical condition (cancer). The employee claims he was effectively forced to resign when his employer refused his request for an additional 12 months of leave to care for his sick wife and sued. The court allowed the case to proceed to trial of the claims of (1) failure to accommodate based on the disability of the employee’s wife; (2) failure to engage in the interactive process; (3) and retaliation based on the employee’s accommodation requests. Why after the employer granted leave beyond that required under the Family and Medical Leave Act (FMLA), state (CA) leave laws, and its own policy?
While most of the claims were filed alleging a violation of state law, the court raises some points that apply to the ADA as well. Remember, the ADA:
- requires an employer to engage in an interactive dialogue with an employee to determine if it can provide a reasonable accommodation; and
- prohibits discrimination against an individual based on that individual’s association with someone who associates with a person with a disability.
In response to the employee’s last request for an extension of leave, the employer wrote, “If you…believe that you are not able to work due to your own serious health condition without restrictions…please contact me as soon as possible.” The court found, “The above suggests [the employer] was willing to engage in the interactive process if [the employee] was asking for leave because of his own condition but not if he was asking for leave because of his wife’s. If so, that might substantiate the [employee’s] position that [the employer] failed to engage in the interactive process in good faith.”
Oops. Sometimes it is not about how much time off you give an employee but how you give the employee time off. Don’t assume, ask what an employee needs. If you cannot provide it, ensure your reason is job-related and consistent with business necessity (a phrase commonly used by the EEOC, ask JAN). Ensure your HR team members and managers understand their obligations under the ADA, including its association provision. And when in doubt, talk to your company’s legal counsel.
