The Family and Medical Leave Act sometimes seems too good to be true. Under both the federal and Wisconsin laws, an eligible employee is allowed to take up to 12 weeks of leave without pay for major life events. The birth or adoption of a child, a personal health emergency and the serious illness of a member of the employee's immediate family are just a few examples.
A three-judge panel of the 7th U.S. Circuit Court of Appeals handed down a decision recently that critics say upholds a precedent of the court while it runs counter to a U.S. Supreme Court decision. The case involves the Americans with Disabilities Act and the right of an employee who becomes disabled to a new position within the company. This is just one of many cases that discuss how far an employer must go to provide a reasonable accommodation under the ADA.
We are continuing our discussion of a recent decision handed down from a three-judge panel of the 7th U.S. Circuit Court of Appeals. The decision has reignited a debate between the Equal Employment Opportunity Commission and the 7th Circuit, which includes Wisconsin -- a debate that involves other circuits and the U.S. Supreme Court. The issue is whether the Americans with Disabilities Act requires an employer to reassign a worker who has become disabled; the reassignment would be considered a reasonable accommodation.
A 7th U.S. Circuit Court of Appeals panel handed down a decision recently that may continue the court's tougher stance on the Americans with Disabilities Act -- if the full court agrees with the decision. The panel stood by the court's precedent, ruling that the ADA does not require an employer to reassign a worker to a vacant position if a disability renders him incapable of continuing in his current position. The 7th Circuit includes Wisconsin, so this decision is binding here.