The intersection between the Family Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”) is sticky, at best. Over the years, partners in my Firm and I have received phone calls that go something like this: “Hey, Lawyer. I have an employee who has been off work dealing with [insert medical condition]. He is supposed to be back next week, but now he is saying he needs more time off to deal with [aforementioned medical condition]. What do I do?” Good question. And the answer is not always clear.
This is precisely the set of circumstances the Seventh Circuit Court of Appeals considered in Severson v. Heartland Woodcraft, Inc., — F.3d —, 2017 WL 4160849 (Sept. 20, 2017). The short version of the opinion is that in the Seventh Circuit, long-term leave is not a reasonable accommodation under the ADA. The Seventh Circuit Continue reading