Employees have responsibilities under leave and disability laws, too

No question, employers have heavy responsibilities when it comes to the ADA and FMLA. But a recent court decision illustrates that employees need to do their share, too.
The case involves an employee of a midwestern college who was going through some personal and family problems. He was diagnosed with depression, and started to take medication to alleviate the problem.
He told his supervisor he was feeling “stress and anxiety,” but failed to mention visiting a doctor. His supervisor provided the employee with a FMLA leave request form, but the man said he didn’t need the leave.
Didn’t disclose depression, medication
Not longer after that, however, the man received a warning for excessive absenteeism. He then took three more days off, saying he was suffering from headaches and neck pain.
At the end of that three-day period, the man asked for “mental health leave” to deal with family problems. Again, his supervisor mentioned the possibility of FMLA leave. Again, the man refused, saying he didn’t have a doctor and therefore couldn’t get certification of his medical problems. He never mentioned his depression diagnosis or the fact he was taking medication.
The college refused his request for leave, and the man resigned. Later, he filed suit alleging that the employer’s refusal violated the FMLA and ADA.
The court came down squarely on the side of the employer, noting that the companies’ duty “is triggered when the employee provides enough information to put the employer on notice that the employee may be in need of FMLA leave.” Withholding the details of his condition and treatment prevented the company from knowing the full story, the court said.
Nonetheless, the company went the extra mile and suggested the possibility of FMLA leave, and the employee expressly refused it. If an employee makes a conscious choice to forego the leave, the judge said, the company was well within its rights to fire him for excessive absenteeism.
A similar standard applied to the man’s ADA claim — since the man never told the employer of his alleged disability, the company didn’t have an opportunity to make a decision about a reasonable accommodation.
Cite: Kobus v. College of St. Scholastica