An employee comes back from medical leave and can’t work her normal shifts. Do you have to change her schedule? Read the facts of this real-life case and decide: Who won?

The facts:

An employee used up her 12 weeks of FMLA leave. When she got back, she still couldn’t work full time, so she asked to be put on a part-time schedule. The company said no, she could only get her full-time job back. She sued, claiming she was owed a new schedule as an “accommodation” under FMLA.

The employer said:

FMLA doesn’t say anything about accommodating employees. The Americans with Disabilities Act does, but the woman’s condition didn’t meet the ADA’s definition of a disability. Therefore, there was no obligation to let her work part time.

Who won the case?

Answer: The employer.

Why: The court agreed that once the woman used her 12 weeks of leave, the company didn’t have to accommodate her illness.

In some cases, employees might have conditions that make them eligible for FMLA leave and qualify as protected disabilities. But courts have agreed that meeting the definition under one law doesn’t automatically mean an employee’s protected by the other.

Cite: Baker v. Hunter Douglas Inc.

Tags: accommodation, ADA, FMLA, Hunter Douglas, part time