Navigating The Circuit Split Over Reasonable ADA Leave
Allison Oasis KahnApril 12, 2018, 11:22 AM EDT
Law360 (April 12, 2018, 11:22 AM EDT) -- The U.S. Supreme Court will not resolve a circuit split on the length of leave an employer may be required to give to an employee as a reasonable accommodation under the Americans with Disabilities Act. On April 2, the court denied the petition for certiorari in Severson v. Heartland Woodcraft Inc., where the Seventh Circuit put significant restrictions on the length of leave considered reasonable.
A principal dispute centers on whether an employee who cannot work is a “qualified individual” with a disability under the ADA....