On February 5, 2017, a Massachusetts Commission Against Discrimination (MCAD) hearing officer held that an employer’s obligation to provide a reasonable accommodation may exceed the leave time guaranteed by the Family and Medical Leave Act (FMLA). MCAD v. Country Bank For Savings , 10-SEM-02769 (J. Kaplan). The Complainant, Amanda LaPete, charged her former employer with disability and gender discrimination for failing to accommodate her maternity leave, and for ultimately terminating her.
LaPete had sought an undefined extension of her 12 week FMLA leave due to post-partum depression following the pregnancy that prompted her leave. The employer refused to extend the leave, and terminated her employment when she did not return to work. The Hearing Officer admonished the employer for failing to grant, or even respond to, LaPete’s extension requests, especially where it provided no evidence demonstrating it would be burdened by the request for extended leave.
Employers should, at a minimum, engage in a dialogue with an employee who wants to extend leave beyond the FMLA maximum, as observance of the FMLA will not necessarily protect the employer from liability under disability discrimination laws. Employees on long term leaves can present sticky situations that can benefit from review and advice from experienced labor and employment counsel.
