ADA Doesn’t Guarantee More Leave Beyond FMLA

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For seven years, Raymond Severson worked as a fabricator of retail display fixtures, a physically demanding job, for Heartland Woodcraft Inc.

At the end of a 12-week leave under the FMLA to deal with back pain Severson underwent surgery, which required that he take an additional two to three months off from his job to recover. Heartland denied Severson’s request for additional leave and terminated his employment but invited him to reapply once cleared for work.

Instead of reapplying, Severson sued Heartland under the ADA for denying him the accommodation of three-months leave — beyond the 12 weeks of FMLA

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