4th Circuit: Uncertain return-to-work date unreasonable for indefinite leave

This summer, the U.S. 4th Circuit Court of Appeals—whose rulings apply to all employers in West Virginia, Virginia, Maryland, North Carolina, and South Carolina—considered a tale as old as time: A woman sued her former employer after she was fired while out on leave. As is often the case, there was much more to this tale, requiring an untangling of rights and obligations arising under West Virginia’s state antidiscrimination law, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA).

As HR professionals know all too well, navigating the panoply of overlapping and distinct responsibilities that arise under the ADA and the FMLA is no easy feat. At the intersection of the FMLA and the ADA is the question that often confounds employers: What happens when an employee cannot return to work after the 12 weeks of FMLA leave is exhausted? And if additional leave is given, how much is reasonable as an accommodation under the ADA? The 4th Circuit addressed these questions and reaffirmed that employers do not have an obligation to provide indefinite leave as a reasonable accommodation.

Facts

Leanna Coffman served as an account executive at Nexstar Media. In 2021, she became pregnant with twins and was diagnosed with placenta previa, necessitating bedrest. Nexstar approved her request to work remotely during this period.