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Few problems vex employers as much as figuring out the interplay of leaves of absence required by the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), particularly when they involve intermittent leave, irregular and unreliable attendance. A recent case from the federal appeals court for the Eighth Circuit addresses these issues in a number of favorable rulings for employers, in connection with the termination of an employee for violating a "no-fault" attendance policy. Evans v. Cooperative Response Center, Inc., No. 19-2483 (5/4/21). In this particular case, a plaintiff with reactive arthritis contended that her employer violated the ADA by discriminating and retaliating against her because she is disabled and by failing to accommodate her disability, and that the employer violated the FMLA by denying leave to which she was entitled and by discriminating against her for exercising FMLA rights.
Without going into the detailed facts and arguments, the court essentially sets forth the following principles in ruling for the employer on all issues.
This is part of our September 2021 Newsletter.
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