![]() Vincent Medical Center, the Court found that a Neo-natal Intensive Care Unit (NICU) nurse who required additional unplanned and intermittent time off was not a “qualified individual” within the meaning of the ADA. While employees who require additional leave to return to work may find protection under the ADA, not all requests for additional leave have been found to be protected: In Samper v. Hill was awarded $4,572,835 in damages after her employer failed to restate her. 19, 2018). While on leave, she began receiving treatment for major depressive disorder and requested additional leave. Rather than granting the leave, her employer terminated her when she failed to return to work at the conclusion of the 12-week statutory period. Asian American Drug Abuse Program, Inc., an employee who broke her arm took leave under the California Family Rights Act (CFRA), a state analogue of the FMLA. No. 8, 2012). The suit was filed by the EEOC, which alleged that the employer’s policy had led to qualified individuals not receiving reasonable accommodations under the ADA. ![]()
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