6th Circuit reinstates hospital employee’s failure-to-accommodate claim

The U.S. 6th Circuit Court of Appeals (which covers Michigan, Kentucky, Ohio, and Tennessee employers) recently addressed whether an employer failed to accommodate an employee’s potentially untimely request for unpaid leave.

Facts

Jeanne King was a long-time registered nurse at Steward Trumbull Memorial Hospital when she began reporting absences related to asthmatic flare-ups. In April and May 2017, she followed the hospital’s attendance notification requirements when informing it about her inability to work because of the asthma.

On May 19, 2017, approximately three weeks after working her last shift, King called the hospital’s third-party administrator (TPA) to inquire about an unpaid leave of absence. She explained the leave request was delayed because she anticipated that her asthma would improve and permit a quicker return to work.

The TPA determined King was ineligible for leave under the Family and Medical Leave Act (FMLA) but failed to notify her about her eligibility for non-FMLA medical leave provided under the hospital’s collective bargaining agreement (CBA), which may last up to one year in duration.

The TPA also received inaccurate information about King’s hours worked in the preceding 12 months, delaying its processing of her potential leave. She repeatedly told her supervisor and the hospital’s HR department that she was attempting to apply for leave. Nonetheless, on June 2, 2017, the employer terminated her for “failure to apply timely for a leave of absence.”