The FMLA Blog

FMLA Leave Cited As Evidence that Employer Reasonably Accommodated Disabled Employee

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 LEXIS 16606 (11th Cir. Aug. 5, 2005)(unpublished) found that CSX had reasonably accommodated Santacrose's disability (bad back) by allowing him to maintain an eight-hour schedule and avoid overtime through a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. 

Reasonable Accomodation to Facilitate Employee's Return to Work from FMLA Leave Not Required

An employer is not required to reasonably accommodate a full-time employee with part-time work to facilitate the employee's return to work from FMLA leave. 

In Baker Hunter Douglas, Inc., No. 06-5149, 2008 U.S. App. LEXIS 5807 (3d Cir. March 19, 2008), the employee alleged that Hunter Douglas violated the FMLA when it refused to reinstate to her same or an equivalent position at the conclusion of her 12 weeks of FMLA leave.  On the last day of her FMLA leave Baker returned to work to discuss the possibility of returning to work part-time.  Prior to taking leave, Baker held a full-time marketing position.  Hunter Douglas indicated that it did not have any part-time positions.  Baker otherwise failed to submit medical documentation clearing her to return to work full-time.  Baker was eventually terminated. 

In affirming the dismissal of the FMLA claim by the trial court, the Third Circuit agreed that Baker had failed to establish that she could work full-time after exhausting her 12 weeks of FMLA leave, which the court found was an essential function of her position.  The FMLA did not require Hunter Douglas to reasonably accommodate an employee who is unable to perform all of the essential functions at the conclusion of 12 weeks of FMLA leave. 

Comment:  The FMLA does not require an employer to reasonably accommodate an employee who is unable to perform all of the essential functions of their pre-leave position at the conclusion of their 12 weeks of FMLA leave.   Of course, if the employee's serious health condition also meets the definition of a "disability" the employer may be required to reasonably accommodate the employee with, among other options, part-time work.  Similarly, an employer's policies may also require what amounts to reasonable accommodation.