On September 5, 2017, the Connecticut Appellate Court affirmed the Superior Court’s entry of summary judgment in favor of the employer in a case involving the thorny issue of whether an extended leave of absence is a reasonable accommodation. Thomson v. Department of Social Services, 176 Conn. App. 122, AC 38851. Both the Superior Court and the Appellate Court rejected the employee’s claim that her employer had failed to accommodate her disability in terminating her employment while on extended leave after she had exhausted FMLA leave. This decision is an important victory for employers. It makes a strong statement that employers need not grant open-ended leaves of absence under state law. On the facts presented, the court concluded that the employee was not entitled to proceed to trial. Summary judgment decisions in the employer’s favor in state court are rare. Rarer still is the affirmation of the Appellate Court on an issue that vexes human resources departments around the state.
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