If an employee requests a leave of absence in excess of six months as a reasonable accommodation, must the employer grant the request? Earlier this year, in the case Cline v. Clinical Perfusion Systems, Inc., the United States Court of Appeals for the 10th Circuit again answered that question with a “no.”
Background
In Cline, an employee experienced a medical emergency that led to loss of consciousness and admission to the ICU. On the day the employee was set to transfer from the ICU to inpatient rehabilitation, the employer decided to terminate his employment. The employee sued the employer for disability discrimination under the Rehabilitation Act, a federal law that provides protections similar to the Americans with Disabilities Act (ADA) for federal agencies, federal contractors, or programs receiving federal funds. The employee claimed that his impairment was expected to last more than six months at the time of his termination. The district court dismissed the case, and the employee appealed.
Analysis
Generally, an employee alleging disability discrimination must prove (among other things) that they were “otherwise qualified” for their job. This can be shown by proving the ability to perform the essential functions of the job with or without a reasonable accommodation. If an employee is unable to show they can perform the essential functions of their job with or without a reasonable accommodation, then they are not a qualified individual with a disability and generally cannot succeed on a disability discrimination claim.
In this case, the 10th Circuit rejected the employee’s disability discrimination claim because he could not prove he was otherwise qualified for the job. The only accommodation available to the employee while he was hospitalized was a leave of absence. The Court noted that a brief leave of absence may be a reasonable accommodation, with the goal being that the employee will be able to return to work and perform the essential functions of their job. However, reiterating its holding in Hwang v. Kan. State Univ., 753 F.3d 1159 (10th Cir. 2014), the Court noted that leaves of absence in excess of six months are generally not reasonable accommodations.
Because the employee claimed that the leave was expected to last more than six months at the time of the termination, the leave would not have been a reasonable accommodation under Hwang. Accordingly, the employee could not perform the essential functions of the job because no reasonable accommodation was available. The 10th Circuit, therefore, affirmed dismissal of the case.
Takeaways for Employers
There are a few key takeaways from this case for employers. First, leaves of absence in excess of six months are generally not reasonable accommodations. Each case should be analyzed on its own facts — just because the employer succeeded in Cline does not mean that will necessarily be the result in the next case. Moreover, Cline is a 10th Circuit case, meaning it applies only to the states within the boundaries of that court (Utah, Wyoming, Colorado, New Mexico, Kansas, and Oklahoma). Employers in other circuits may have to comply with different rules under the Rehabilitation Act and the ADA.
Additionally, Cline serves as a reminder that when faced with a request for a medical leave of absence, employers should carefully consider the applicability of different laws. Even if an employee has exhausted leave under the Family and Medical Leave Act (FMLA) or state statutes, an employee may be entitled to leave as a reasonable accommodation under laws like the Rehabilitation Act or the ADA. Moreover, where the ADA is applicable, employers must engage in a good faith interactive process with employees and confidentially document each step of that process.
When faced with a request for an extended leave of absence, employers should consult with counsel to determine their obligations and avoid liability. Employers Council can help Consulting and Enterprise members navigate circumstances like those at issue in Cline. If you have any questions, please contact us at info@employerscouncil.org.
Miller Jozwiak is an attorney for Employers Council.