FMLA & ADA Case Law Lessons Learned

By Abigail O’Connell, JD

Senior Counsel
Sun Life Financial

You don’t have to wind up in the courtroom yourself to learn valuable take-aways from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) litigation. Here are some common sense lessons from recent cases.

1) Recognize and respond to accommodation or leave requests

Generally, an employee must request a leave or accommodation, but no “magic words” are required, making it tricky for managers and human resource (HR) staff to recognize requests.

A simple request to work from home or notice that the employee is “out sick” usually does not put an employer on notice for accommodation. However, the disclosure of a medical condition and provider’s recommendation that an employee take leave may be sufficient notice of the need for leave. Even if working from home would be an unreasonable accommodation, engaging in the interactive process still has value; it may identify the need for leave, thereby triggering FMLA notice obligations. Provide an individual notice of rights and relevant information even when you aren’t sure whether employees are asking for a leave or an accommodation. 

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