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WorkNEWS-August 2012 Indefinite Leave Article

August 2012 WorkNEWS Article

Indefinite Leave Not Required under Disability Discrimination Laws Where Employee is Unable to Work
Jackson Lewis Disability, Leave and Health Management Blog
Posted on May 1, 2012 by:
Kristin L. Bauer & Victor N. Corpuz

An employer was not required to provide indefinite leave as a reasonable accommodation to an employee who was unable to work at the time of his termination and, thus, was not a qualified individual with a disability, the federal appeals court in New Orleans has ruled. Amsel v. Texas Water Dev. Bd., 2012 U.S. App. LEXIS 5681 (5th Cir. Mar. 19, 2012).  The Court affirmed summary judgment in favor of the employer on the employee’s claims for disability discrimination under the Americans with Disabilities Act and Rehabilitation Act of 1973 and for retaliation under the Family and Medical Leave Act.  The Court also ruled that the employee failed to establish that his termination was related to his FMLA leave, which ended two months before his termination date. The Fifth Circuit has jurisdiction over Louisiana, Mississippi, and Texas.

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