30 F.4th 551
6th Cir.2022Background
- Jeanne King, a registered nurse with chronic asthma, suffered a severe flare‑up beginning April 28, 2017, and missed roughly 14 scheduled shifts while receiving treatment. She notified supervisors that she could not breathe and sought time off.
- The Hospital processes leave requests through a third‑party administrator (FMLASource); King called FMLASource on May 19 to request leave but was told she was ineligible because her hours were miscalculated. HR (Burns) was asked to correct the hours but did not promptly resolve the issue.
- King continued to call in sick and told supervisors she was trying to obtain medical leave; her supervisor Bungard terminated her on June 2 for "failure to apply timely for a leave of absence."
- After termination King completed a leave application (June 5–6) and submitted a physician certification; FMLASource retroactively approved non‑FMLA leave for May 14–June 1 but denied April 28–May 13 and did not reinstate her job.
- King sued under FMLA, ADA, and Ohio Rev. Code § 4112; the district court granted summary judgment to the Hospital. The Sixth Circuit reversed the district court on King’s Ohio failure‑to‑accommodate claim and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether medical leave can be a reasonable accommodation that leaves King "otherwise qualified" | King: temporary non‑FMLA leave (≈5 weeks) would allow her to return and perform essential duties; medical leave is a recognized reasonable accommodation | Hospital: regular, in‑person attendance is an essential job function for a nurse; extended absence is an unreasonable exemption from an essential function | Court: Medical leave can be a reasonable accommodation; here five weeks (within Hospital policies) could be reasonable and therefore King could be "otherwise qualified." |
| Whether the employer knew or should have known of a disability | King: repeatedly told supervisors she could not breathe and that asthma was debilitating; she informed FMLASource and HR she needed leave | Hospital: knowing an employee has a medical issue is not necessarily notice of a disability that substantially impairs job performance | Court: factual disputes exist whether the Hospital knew King’s asthma substantially impaired her ability to work; summary judgment improper. |
| Whether King requested a reasonable accommodation | King: May 19 call to FMLASource and subsequent calls to HR/supervisors expressly sought leave; June 5–6 formalized the request with medical certification | Hospital: May 19 inquiry was only about FMLA eligibility and she did not specify duration, so request was indefinite and insufficient | Court: Viewing King’s version, she requested leave beginning May 19 and completed application June 6; genuine disputes preclude summary judgment. |
| Whether the employer engaged in the interactive process / provided the accommodation | King: FMLASource misapplied Hospital policy, stalled correction of hours, and Hospital terminated her while request pending—so interactive process failed and accommodation was denied in practice | Hospital: it ultimately granted the maximum retroactive leave available; termination was for failure to apply timely | Court: employer’s agent rebuffed and delayed King, then terminated her before resolving the request; post‑hoc approval did not restore leave benefits (reinstatement), so employer failed to provide the accommodation. |
| Whether granting the requested leave would impose undue hardship | King: requested leave was within Hospital policies, short in duration, and Hospital suffered no staffing hardship | Hospital: keeping position open and granting leave impairs business operations | Court: record does not show undue hardship; Hospital failed to meet its burden at summary judgment. |
Key Cases Cited
- EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (regular on‑site attendance is an essential function of most jobs)
- Williams v. AT&T Mobility Servs., LLC, 847 F.3d 384 (6th Cir. 2017) (medical leave can be a reasonable accommodation in appropriate circumstances)
- Cehrs v. Northeast Ohio Alzheimer's Research Center, 155 F.3d 775 (6th Cir. 1998) (framework for reasonable accommodation and undue hardship allocation)
- Walsh v. United Parcel Serv., 201 F.3d 718 (6th Cir. 2000) (indefinite leave is not a reasonable accommodation)
- Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042 (6th Cir. 1998) (employee must request accommodation; employer notice principles)
- Kirilenko‑Ison v. Board of Education of Danville Indep. Schools, 974 F.3d 652 (6th Cir. 2020) (summary judgment standard reviewed de novo)
- Terre v. Hopson, [citation="708 F. App'x 221"] (6th Cir. 2017) (discussed in opinion regarding whether termination can nullify an approved accommodation)