Key to remember:
Reasons why six months (or more) of ADA leave can be “reasonable”
04/30/2025
The ADA doesn’t include a distinct amount of leave
Frank started working as a chemist and microbiologist for the company in September 2021. In December 2022, he had hip replacement surgery and was on short-term disability, which replaced part of his income for the four weeks he was off work.
In May 2023, he took emergency leave for severe shoulder pain and an infection and stayed in the hospital for 28 days.
After that, Frank needed more time off for extensive occupational and physical therapy. He continued to receive short-term disability payments. The employer didn’t specifically ask him to pay any insurance premiums during that time.
Frank kept his supervisor, David, aware of his progress. On September 19, 2023, Frank told David that he would be able to return to work on December 1, 2023. During that call, David didn’t tell Frank that he had to pay his short-term disability premium.
Employee is fired and sues
On October 14, 2023, Frank got a termination letter effective October 10, 2023. The letter said that Frank was fired for not paying his short-term disability insurance premiums and to notify management of his progress.
Frank sued, claiming that the employer violated the Americans with Disabilities Act (ADA) by not accommodating him.
The employer argued that Frank wasn’t a “qualified individual” under the ADA, as he was unable to work for several months. He had already missed about five months of work when he was fired and needed another month and a half. In total, Frank expected to miss approximately six and a half months of work. In the employer’s view, such a prolonged absence from work wasn’t a reasonable accommodation of the job’s essential function of regular work attendance.
The court rules
The court ruled that, given the substantial leave that Frank had already received, it might not have been reasonable for the employer to accommodate several more weeks of leave. That usually depends on factors like the:
- Essential job duties,
- Nature and length of the leave, and
- Impact on other employees.
The ADA, however, doesn’t categorically allow employers to fire a disabled employee during an approximately six-month period of leave. All factors need to be considered. The employer didn’t do that.
Abbruscato v. Thionville Laboratories, LLC, Eastern District of Louisiana, No. 24-2834, April 17, 2025.
While indefinite leave is never a reasonable accommodation, taking limited leave, even for six months, might be reasonable, as it can enable an employee to perform the essential functions of the job upon return.
This article was written by Darlene M. Clabault, SHRM-CP, PHR, CLMS, of J. J. Keller & Associates, Inc. The content of these news items, in whole or in part, MAY NOT be copied into any other uses without consulting the originator of the content.
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