FMLA leave and the ADA

Briefing

Susan Rogers, hired by New York University in January 1993, was referred to the university's in-house counseling service for psychological treatment in 1997. She took a two-week medical leave of absence, after which she returned to work. She then took another medical leave for post-traumatic

stress and borderline personality disorders. After Rogers's physician opined that she would require permanent disability, the university extended her leave of absence to the 12-week limit allowed under the Family and Medical Leave Act and said she could not return without further medical certification.

Later, Rogers's physician wrote a letter to the university stating that she could return to work in "one to two months," provided that she was in an environment of "limited stress."

However, Rogers was terminated following her 12-week FMLA leave. She sued under the FMLA and the Americans with Disabilities Act.

The district court dismissed her FMLA claim, but allowed her ADA claim to proceed. "Although NYU satisfied its obligations under the FMLA, it has a separate and independent set of obligations under the ADA and state anti-discrimination laws." The court noted that ADA obligations allow "an indeterminate amount of leave as a reasonable accommodation, barring undue hardship to the employer." Rogers v. New York University, S.D.N.Y, No. 98 Civ. 2089 (9/4/02).

Impact: Employers are advised to take into account protected disabilities when considering employee requests to extend leaves of absence beyond the requirements of the FMLA.

AUTHOR_AFFILIATION

D. Diane Hatch, Ph.D., is a human resources consultant in San Francisco. James E. Hall is an attorney with Barlow, Kobata & Denis. (Offices in Los Angeles and Chicago.)