Hey Compliance Warriors!
I get questions every week related to employees who cannot provide a return date after FMLA. How does the ADA step in on this sort of situation? Well, we have a new decision to help guide that answer.
- A school’s registrar who exhausted her Family and Medical Leave Act entitlement and did not provide a return-to-work date was not due additional leave under the Americans with Disabilities Act, the 5th U.S. Circuit Court of Appeals held (Drake v. Spring Independent School District, No. 20-20376 (July 27, 2021)).
- Near the end of her leave, the employee inquired about additional time off but her medical documentation only indicated dates on which she would be re-evaluated by a doctor. The employer fired her, citing the lack of a return plan.
- She sued, and a federal district court ruled in the employer’s favor. On appeal, the 5th Circuit upheld the lower court’s ruling, agreeing that because she “was out of leave and could not provide a return date, … no accommodation existed.”
I hope this helps!
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