Jottings By An Employer's Lawyer

Tuesday, April 01, 2003

Request For Indefinite Leave Doesn't Cut It Under the ADA - 11th Circuit


The 11th Circuit seeks out a middle ground on whether or not an individual is qualified if he needs an indefinite leave of absence to recover in order to do the essential functions of his position. In Wood v. Green (11th Cir. 3/31/03), the Court did not rule a request for a leave might not be appropriate under other circumstances, but that it is not where there are no temporal limits. In doing so it relied on the regulations which focus on a present ability to do the essential functions, not a future ability.

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