In some situations, employees undergoing serious medical issues request accommodations that would require extensive time away from work or major modifications to their job duties. Last week, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) explained that the Americans with Disabilities Act’s reasonable accommodation obligations do not extend to such extensive measures especially where the ability of the employee to return to work remains questionable.
In Coffman v. Nexstar Media Inc., the plaintiff developed serious post-partum medical complications that required an extended leave of absence. The employer provided 24 weeks of leave. Prior to expiration of this leave, she informed her employer that she could perform some duties from home at the end of the scheduled leave, and expected that she would be able to resume all duties in an additional two months following more surgery. She alleged that the employer began reassigning her accounts after this explanation, and terminated her employment following the expiration of the original leave period. She sued, claiming failure to provide reasonable accommodations under the ADA (the Pregnant Workers Fairness Act was not in effect at the time of the termination).
The Fourth Circuit affirmed the district court’s dismissal of the claims. The court noted that as of the time of termination, the plaintiff had failed to demonstrate her ability to return to work in any capacity, stated that she expected to need additional surgery before returning, and failed to provide a reasonably firm date of return. In addition, she had instructed the employer not to inquire about her return to work date, claiming that these inquiries interfered with her recovery. The Fourth Circuit concluded that the request for additional accommodations following 24 weeks of leave was unreasonable, and that there was no proof that it would have allowed her to resume performing the essential functions of her job.
This case illustrates the limits of the ADA’s reasonable accommodation obligations. While each situation must be individually considered, extended or open-ended leaves, or requests that do not result in the employee’s ability to perform their core job functions will typically be outside of the ADA’s mandates for employers.
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