Employment Law This Week (Episode 90: Week of October 9, 2017) has released bonus footage of its interview with Joshua A. Stein, a Member of the Firm at Epstein Becker Green.
As Mr. Stein discusses, extended long-term leave is not covered under the Americans with Disabilities Act (ADA), the U.S. Court of Appeals for the Seventh Circuit says. An employee who had exhausted his Family and Medical Leave Act (FMLA) leave requested an additional two months off to recover from back surgery. Instead of granting the additional leave, the employer terminated his employment. The Seventh Circuit found that extending a long-term leave of absence beyond what is covered by the FMLA is not a reasonable accommodation under the ADA. This decision conflicts with the Equal Employment Opportunity Commission’s (EEOC’s) position, as well as rulings from the majority of other circuit courts.
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