Labor & Employment Law

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

By Harvey Randall, Esq.

Reasonable Accommodation to Facilitate Employee's Return to Work from FMLA Leave Not Required
Source: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2008. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation.

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.

Full post as published by New York Public Personnel Law on April 07, 2008 (boomark / email).