ADA Does Not Require Employers to Provide Multi-Month Leave Beyond Expiration of FMLA Leave – Seventh Circuit
September 22, 2017
Authored by: Christy Phanthavong and Tamara Koury
This week the 7th Circuit Court of Appeals issued a decision helpful to employers grappling with whether they must extend an employee’s time off following the expiration of Family and Medical Leave Act (FMLA) leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). See Severson v. Heartland Woodcraft, Inc., No. 15-3754, 2017 WL 4160849 (7th Cir., Sept. 20, 2017).
In Severson, the court found that “[a] multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA.” Plaintiff, Severson, had a physically demanding job working for a fabricator of retail display fixtures. Severson took twelve weeks of FMLA leave due to serious back pain. During his leave, he scheduled back surgery (to occur on the last day of his FMLA leave), and requested an additional three months of leave. Defendant, Heartland, denied Severson’s request to continue his medical leave beyond the FMLA entitlement, terminated his employment, and invited him to reapply when he was medically cleared to work. Instead, Severson sued, alleging disability discrimination.
In affirming summary judgment in favor of the employer, the 7th Circuit noted that “[t]he ADA is an antidiscrimination statute, not a medical-leave entitlement.” Following its earlier decision in Byrne v. Avon Prods., 328 F.3d 379 (7th Cir. 2003), the court also stated that “an employee who needs long-term medical leave cannot work and thus is not a ‘qualified individual’ under the ADA.” In other words, “an extended leave of absence does not give a disabled individual the means