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Lois M. Kosch, a
partner at Wilson Petty Kosmo & Turner, recently
wrote an artricle for the Los Angeles Daily Journal that focused on extended leaves of absence.
In the article, Kosch cites a specific case where a receptionist at a biotech company was on a leave of absence for over seven months. Twelve weeks into her leave, the company notified her that her position could be filled. If it was filled, upon her return to work, she would have 60 days to find another position in the company or risk losing her job.
The employee returned, but came back to find her job had indeed been filled, and no other positions were currently available. After 60 days, she was terminated by the company. She subsequently sued, claiming that the company's policies failed to accommodate her disability, as required by the Fair Employment and Housing Act. Ms. Kosch's article traces the lawsuit through the trial courts, and provides guidance for all employers that have employees on leave.
To learn more about the case, download a PDF
reprint of the article by clicking
here. |
