No RTW Date, No ADA Leave: 5th Circuit Ruling
In Drake v. Spring Independent School District, No. 20-20376 (July 27, 2021), a school’s registrar who exhausted her Family and Medical Leave Act (FMLA) leave was not granted a leave under the Americans with Disabilities Act (ADA). Near the end of Drake’s FMLA leave, she inquired about additional time off, but did not provide a return-to-work (RTW) date — only indicating dates for medical appointments. The District held multiple rounds of negotiation with Drake, extending its required RTW date for Drake with each round.
However, Drake’s original job was not open, and she said alternate jobs offered by the District were not comparable with her former job. Negotiations reached an impasse. The District then terminated Drake because she never provided an RTW date, and it is not a reasonable accommodation to request a leave indefinitely. In upholding the ruling by the district court, the 5th Circuit agreed that because Drake “was out of leave and could not provide a return date … no accommodation existed.” To learn more about this case, visit https://bit.ly/3xCtesG.
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