Employment Law Update From Gardere
ADA does not allow employees to hold their employers hostage for indefinite periods
Celeste R. Yeager - Partner
We recently achieved an outstanding result for employers who struggle with the application of leave of absence policies in conjunction with the ADA. In a favorable opinion for employers, a Federal District Judge for the Western District of Virginia recently held that an employee's request for indefinite leave was not a reasonable accommodation under the ADA. This well-reasoned opinion works through some very challenging factual and evidentiary issues, and is worth reading. A short analysis and details follow ...
The employee worked in a distribution center where his job required him to read labels and handle heavy equipment. Blind in his right eye at the time of hire, he later developed a condition that resulted in the loss of virtually all the vision in his left eye. After being released to return to work, the employee claimed that his vision remained blurred and asked for an additional day off. The next day, the employee presented a doctor’s note from the ER saying that he might be able to return to work in 2 days, but if symptoms of blurred vision continued he should return for treatment. The supervisor issued an ultimatum: return to work or be fired.