Employers already know that
FMLA, ADA, Worker’s Compensation and a handful of other laws can collide in a
dangerous intersection of employment rights, requiring employers to carefully examine
employee eligibility under each. The 3rd
Circuit Court of Appeals is about to decide whether this analysis gets
trickier.
In Capps v. Mondelez Global,
LLC, the plaintiff suffered from a degenerative hip joint disease which led him
to apply for intermittent FMLA leave when the condition would “flare-up”. The
employer granted the leave. In February 2014, the plaintiff called in sick,
utilizing FMLA time for one of these flare-ups. Later, the employer received
information anonymously that the plaintiff was actually under arrest during
that same time period for DUI. As a result, the company discharged plaintiff
for FMLA abuse.
The plaintiff sued not only
for violation of his rights under the FMLA, but also the ADA on the theory that
if he was not eligible for FMLA leave on
those or any other days, then he was entitled to a reasonable accommodation
under the ADA (presumably a leave of absence). The district court ruled against
the plaintiff on the basis that he never made a request for reasonable accommodation
for his disability. An employer is liable for
failing to make reasonable accommodations if: 1) the employer knew about the
employee's disability; 2) the employee requested accommodations or assistance
for his or her disability; 3) the employer did not make a good faith effort to
assist the employee in seeking accommodations; and 4) the employee could have
been reasonably accommodated but for the employer's lack of good faith.
The court
rejected the plaintiff’s argument that the employer was effectively put on
notice of his disability by virtue of his FMLA request and the information
provided in support of that. The court found that the plaintiff’s FMLA request
was grounded on the fact that flare-ups of his condition would render him
unable to work at all, which is contradictory to his argument that a reasonable
accommodation might exist for his disability since he claimed that he was
unable to report to work.
In light of
the new focus on the fact that a reasonable accommodation might include a leave
of absence, it will be interesting to see how the court of appeals rules on the
issue of whether the FMLA request and certification also serves as notice of a
request for reasonable accommodation under the ADA. In the meantime, employers
should consider giving an expansive view towards employee provided medical
information. Just because an employee doesn’t say the magic words “I need an
accommodation” might not necessarily mean that the employer isn’t on notice.
Being proactive in certain situations by reminding an employee that they can
request a reasonable accommodation might reduce the risk of costly future
litigation.
