As employee’s rights attorneys are fond of saying, it depends. When your leave under the Family and Medical Leave Act (“FMLA”) ends but your health still prevents you from returning to work, you might qualify for additional protections under Americans with Disabilities Act (“ADA”). This law requires employers to offer reasonable disability accommodations, including extra medical leave, if doing so does not cause undue hardship. But not every situation qualifies, and the length of the leave often plays a significant role in determining what is reasonable.
The case of Cenanovic v. Hamdard Center for Health and Human Services, No. 24-1743, 2024 WL 4835246, 7th Cir. Nov. 20, 2024, shows how courts analyze wrongful termination claims when an employee is let go after requesting additional leave as a disability accommodation.
Let’s dig deeper into this case. Fikreta Cenanovic worked as a case manager for nearly a decade at Hamdard Center for Health and Human Services. She had a reputation for being dependable and dedicated to helping clients. Unfortunately, in August 2018, her life took a sudden turn when she slipped on a wet floor at work, suffering serious injuries to her neck and back.
Her doctor recommended time off to recover, and she began her 12 weeks of FMLA leave. However, as her leave neared its end, her injuries had not improved enough for her to return to work. Her employer warned her that her position might be filled if she did not return after her leave expired.
By November 2018, her leave had ended, but her doctor still had not cleared her to work. Hamdard terminated her employment shortly afterward, citing a restructuring that eliminated all case manager roles. While other employees in similar positions were retrained for new roles, Cenanovic missed the training because she was still on medical leave. She believed she had been wrongfully fired because of her medical condition, but the Court ultimately upheld the employer’s decision. Lets look at why.
What Happens When FMLA Leave Ends?
Once your FMLA leave expires, your employer is no longer required to hold your job for you. However, the ADA may still apply if your condition qualifies as a disability. Under the ADA, employers must provide reasonable disability accommodations, which can include short-term extensions of leave, unless doing so causes undue hardship.
The length of the requested leave is often a decisive factor. Courts have ruled that indefinite and prolonged absences typically go beyond what is considered reasonable. In Cenanovic, the Court found that her inability to work for several months after her FMLA leave expired made her unqualified under the ADA. “An individual who requires a long-term leave of absence like the one here is not a qualified individual under the ADA” Cenanovic, 2024 WL 4835246, at 3.
Best FMLA Lawyer Blogs on Point:
- When FMLA Ends, Employees Must Report Or Extend
- Wrongfully Fired For FMLA Use Or ADA Violation? You Have Rights
- Can Employers Require Medical Documentation for Each FMLA Absence?
Could Delayed Training Have Been A Reasonable ADA Accommodation?
United States Court of Appeals for the Seventh Circuit in Cenanovic did not address whether delaying the training process could have been a reasonable accommodation. Courts generally do not consider arguments that are not raised by the parties, even when those arguments could influence the case’s outcome.
Hamdard eliminated all case manager positions as part of a restructuring effort but retrained employees in similar roles for new jobs. Because Cenanovic was on medical leave, she missed the retraining. However, delaying the training until she was medically cleared could have been an accommodation that allowed her to transition to a new role without significant disruption to the employer’s operations. Adjusting the timing of training—particularly if the same training is being offered to new hires—may not impose an undue hardship on an employer. This highlights how important it is for employers to engage in an interactive process to explore options when employees request disability accommodations.
Indeed, Cenanovic may have had a better case had she reapplied once she was cleared to return to work and had been denied. Taking on a failure to hire case may have helped.
Best Workplace Disability Accommodation Attorney Blogs on Point:
- ADA Does Not Require Perfect Accommodation Be Given
- ADA: What Is A Central Job Function?
- Can I Pick The ADA Accommodation I Want?
What If I Am Fired After Filing A Workers’ Compensation Claim?
Filing a workers’ compensation claim is a protected activity under the law, and retaliation for doing so is illegal. However, proving that you were fired because of your claim requires clear evidence that the claim was the reason for your termination.
In Cenanovic, the employee alleged that she was terminated in retaliation for filing a workers’ compensation claim. However, the Court found no evidence linking the termination to her claim. Hamdard consistently cited its restructuring plan and her prolonged unavailability as the reasons for her termination. The Court stated, “The causation element is not met where the employer offers a valid, nonpretextual reason for the termination” Cenanovic, 2024 WL 4835246, at 3.
The employer’s actions were consistent with its stated reasons, weakening any argument of pretext or retaliatory intent. This demonstrates the importance of having strong evidence to support a claim of wrongful termination.
How Do I Find The Best Employment Lawyer If I Believe I Was Wrongfully Fired?
If you believe you were wrongfully fired while on medical leave or after requesting a disability accommodation, finding the best employment lawyer is crucial. At Spitz, The Employee’s Law Firm, we are one of the largest firms in the United States focused exclusively on employee rights.
Our attorneys bring a wealth of experience to every case, offering a free initial consultation and a no-fee guarantee, meaning you only pay if we win. With a history of achieving great results and a reputation for fighting aggressively for employees, we are here to help you protect your rights.
Call us today to discuss your case. Whether you are dealing with disability discrimination, FMLA violations, or retaliation, we have the expertise and resources to help you fight back.
Employment Lawyer Disclaimer
This employee’s rights blog provides general employment law information and should not be taken as legal advice regarding the specific workplace discrimination, harassment or wrongful firing that you may be facing. Employees should consult with a qualified employment lawyer for advice specific to their situation. No promises are being made, and past results do not guarantee future outcomes. This blog is an employee’s rights blog and a legal advertisement by Spitz, The Employee’s Law Firm, dedicated to representing employees in cases involving disability discrimination, FMLA, medical leave, wrongful termination, disability accommodation, and other workplace issues.