The ADA is Not a Medical leave Entitlement Redux

Not a month since its Severson decision holding that the ADA does not create a medical leave entitlement and thwarting the EEOC’s assault on “inflexible leave” policies, the Seventh Circuit reiterated that holding in yet another case.

In Golden v. Indianapolis Housing Agency, the court affirmed summary judgment to an employer who had granted the plaintiff her 12 weeks of medical leave under the FMLA and an additional four weeks of leave under the employer’s policy, but denied her request for six additional months of unpaid medical leave.

The court said that the ADA’s “‘qualified individual’ requirement is fatal to Golden’s case. We recently reaffirmed that “[a]n employee who needs long-term medical leave cannot work and thus is not a ‘qualified individual’ under the ADA,” citing Severson (emphasis in original).

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Concurring, Circuit Judge Rovner questioned the circuit precedent which led to the result in Golden. Noting that these precedents had left open the possibility that the ADA may require an employer to provide short term leave, he asked: “But what sense does it make that the ADA could require an employer to accommodate an employee with lupus who requires one week leaves, several times a year, every year, but can never require an employer to accommodate an employee who needs a one-time leave of four or five months to recuperate from, for example, a kidney replacement?”

As I have said numerous times, the Supreme Court of the United States, eventually, will resolve the issue of whether, and to what extent, the ADA provides a medical leave entitlement. Perhaps the plaintiff in Severson or Golden will seek Supreme Court review!