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ARTICLE · 26 JUNE 2012

How Essential Is Showing Up For Work On A Predictable Basis Under The Americans With Disabilities Act?

Holland & Knight
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The Americans with Disabilities Act (ADA) and its related amendments affords protection to disabled employees who are qualified and able to perform the essential functions of a job with or without a reasonable accommodation.

United StatesEmployment and HR
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Jonathan O'Connell is an Associate in our Northern Virginia office.

The Americans with Disabilities Act (ADA) and its related amendments affords protection to disabled employees who are qualified and able to perform the essential functions of a job with or without a reasonable accommodation. In some instances, a reasonable accommodation may include providing an employee with intermittent or unscheduled unpaid leave.1 A recent decision from the United States Court of Appeals for the Ninth Circuit provides additional guidance to employers regarding their obligations for providing such accommodations under the ADA.

Background

In Samper v. Providence St. Vincent Medical Center, Case. No. 10-35811 (9th Cir. 2012), plaintiff Monika Samper was employed by Providence St. Vincent Medical Center (the "hospital") as a neo-natal intensive care nurse. During the course of Samper's employment, she continually exceeded the number of unplanned absences permitted by the

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