Topical FMLA Archive

Inability to Perform Job

 Inability to return to work upon return from FMLA leave

• TARDIE v. REHABILITATION HOSPITAL OF RHODE ISLAND, et al.
  U.S. Court of Appeals First Circuit, 5 WH Cases2d 280 (CA 1 1999), 2/24/1999, No. 98-1748
  
  Employee who, because of her medical condition, cannot work more than 40 hours per week had no right under FMLA to restoration to her position of hospital's director of human resources, where ability to work up to 70 hours per week was essential function of position, and employee was unable to perform that function. Although employee's job description did not state that ability to work 70-hour weeks is essential function, it does state that person holding position must have "sufficient endurance to perform tasks over long periods of time." Employee testified that she was often required to work 50 to 70 hours per week. Employee's argument that time of day that hours are required to be worked constitutes essential function, but that number of hours required to be worked is only "capability" of job, is mere semantics.

  Hospital was not required to offer human-resources director, whose medical condition following FMLA leave prevented her from working more than 40 hours per week, same or equivalent position with reasonable accommodations, where concept of "reasonable accommodation" is not clearly applicable in FMLA context. Although regulations promulgated under FMLA, which eliminate obligation to reinstate employee returning from leave if that employee is unable to perform essential function of position, state that employer may have obligations under Americans with Disabilities Act, this reminder does not import ADA's "reasonable accommodation" qualifier into FMLA context. Even if "reasonable accommodation" language applies, accommodation sought was unreasonable because it seeks to eliminate essential function of her position, which is ability to work more than 40 hours per week.

• SANTOS v. SHIELDS HEALTH GROUP
  U.S. District Court District of Massachusetts, 4 WH Cases2d 815, 3/6/1998, No. 95-12488-MLW
  
  Employer did not violate FMLA when it discharged MRI technician 15 weeks after she began leave under act following shoulder surgery, where at end of 12 weeks of FMLA leave and at time of her termination, employee was unable to perform essential functions of her job; employee received more than 12 weeks of leave to which she was entitled under act; any failure on employer's part to notify employee of her rights under act is immaterial.
  
  
• CEHRS v. NORTHEAST OHIO ALZHEIMER'S RESEARCH CENTER, et al.
  U.S. Court of Appeals Sixth Circuit, 4 WH Cases2d 1509, 9/1/1998, No. 97-3388
  
  Employer did not violate FMLA when it discharged employee who was unable to work at expiration of her 12-week FMLA leave period. Even if employer back-dated employee's termination to several weeks earlier; regardless of date on which employee was terminated, she was clearly unable to return to work within period provided by the Act.