The Eleventh Circuit in Santacrose v. CSX Transportation, No. 07-15532, 2008 U.S. App. LEXIS 16606 (11th Cir. Aug. 5, 2005)(unpublished) found that CSX had reasonably accommodated Santacrose's disability (bad back) by allowing him to maintain an eight-hour schedule and avoid overtime through a combination of sick leave and intermittent FMLA leave. Santacorse wanted to avoid overtime through an eight-hour work restriction. He did not want to use his company sick leave or FMLA leave to avoid overtime. The court noted that a disabled employee is not entitled to the accommodation of their choice, but only a reasonable accommodation.
Comment: I am skeptical that an employer should receive ADA reasonable accommodation credit for obeying the law and granting FMLA leave to which an employee has a legal entitlement. While it may be "reasonable," obeying the minimum dictates of the law does not require an employer to accommodate anything. Compliance with all labor and employment laws should be "baked into the cake" in terms of employer standard operating procedures.
My opinion notwithstanding, the case certainly supports the position that FMLA leave is a form of ADA reasonable accommodation for an employee whose disability requires time off from work.
The Eleventh Circuit covers Florida, Alabama, and Georgia.