According to a new California appeals court decision, holding a job open for a disabled employee who needs time to recuperate is a form of reasonable accommodation—where it appears likely the employee will be able to return to work at some time in the foreseeable future. But reasonable accommodation doesn’t require an employer to wait indefinitely for a medical condition to subside.
The court went on to dismiss a disability bias action filed against Genentech, Inc. by receptionist Rochelle Williams, who went out on a medical leave that was repeatedly extended. The court found that it was reasonable for Genentech to replace the employee after her 12 weeks of job-guaranteed family and medical leave was exhausted because it was unclear when she might return to work. Also, Genentech successfully claimed that it was an undue hardship to continue using a “floater” receptionist to cover for Williams’ absence or to hire a temp.
We’ll have more on this decision in an upcoming issue of the California Employer Advisor.
Additional Resources:
Compliance Guide to the Federal Family and Medical Leave Act and the California Family Rights Act, a California Employer Advisor Special Report