PACE Southeast Michigan, a company that provides comprehensive care for the elderly, agreed to pay $170,000 and implement other relief measures to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC charged that PACE had a policy treating employees who could not return to work after their Family and Medical Leave Act (FMLA) leave expired as having voluntarily resigned, resulting in their termination.
Two employees requested brief extensions of their leave - each three weeks or less - with supporting medical documentation to allow them additional time to return to work after their FMLA leave ended. Despite these requests, PACE declined to consider the extensions and terminated the employees instead. Furthermore, replacements for these employees were not hired until well after the time the original employees could have returned to work.
This conduct was found to violate the Americans with Disabilities Act (ADA), which prohibits discrimination against employees based on disability.
The EEOC filed the suit in the U.S. District Court for the Eastern District of Michigan after unsuccessful attempts to resolve the matter through conciliation.
Under the terms of a three-year consent decree resolving the case, PACE is required to pay $60,000 to each of the two former employees, provide training to their human resources staff on ADA compliance, create a reasonable accommodation policy that specifically includes examples of additional leave as an accommodation, and submit annual reports on requests for leave extensions. Additionally, PACE must provide a list of other employees who were terminated after the conclusion of their FMLA leave as identified during the EEOC's investigation. An additional $50,000 has been set aside to compensate any of those employees who might have qualified for reasonable accommodations.
The EEOC emphasized that a brief, finite extension of leave can qualify as a reasonable accommodation under the ADA and that employers must carefully evaluate such requests through an interactive process without imposing undue hardship.
Source: https://www.eeoc.gov/newsroom/pace-southeast-michigan-pay-170000-eeoc-disability-discrimination-lawsuit
Commentary
The above litigation was triggered by a request for an accommodation after the exhaustion of leave under the FMLA.
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons. This leave is designed to cover short-term medical needs or family care situations and has clear eligibility and time limits.
When an employee requests more time off beyond the FMLA entitlement, it is important to recognize that this request is not an extension of FMLA leave itself but rather falls under the Americans with Disabilities Act (ADA) if the employee has a qualifying disability that limits their ability to work.
The ADA requires employers to provide reasonable accommodations to employees with disabilities, and these accommodations can include additional unpaid leave beyond the FMLA period.
Unlike the FMLA, the ADA does not specify a maximum amount of leave that must be granted, but this leave must be reasonable and not impose an undue hardship on the employer. This means that employers need to engage in an interactive process with the employee to understand their needs and the impact on the business before denying such a request.
Employers should have clear policies and procedures that guide the interactive accommodation process, including requesting appropriate medical documentation, considering the length and impact of additional leave, and exploring alternative accommodations if necessary.
By treating requests for more leave beyond FMLA as potential ADA accommodations and evaluating them thoughtfully, employers can limit their exposure to discrimination claims and improve the return-to-work process.
Additional Source: https://www.dol.gov/agencies/odep/publications/fact-sheets/employment-laws-medical-and-disability-related-leave
