Intermittent leave under the Family and Medical Leave Act continues to bedevil employers in implementing leave management measures balanced with maintaining workforce productivity. When intermittent FMLA is combined with the so-called “hidden disabilities” such as migraines, fibromyalgia or asthma, employers are often hard-pressed to manage their workforce in compliance with the various statutes that come into play. This difficult balance was recently addressed by the U.S. District Court for the Eastern District of Pennsylvania in Brady v. United Refrigeration, No. 13-6008 (E.D. Pa. June 3, 2015) (Robreno, J.).

NO FRAGRANCES REQUIRED

Christine Brady was a credit manager for United Refrigeration Inc. from May 2001 through her termination/layoff in October 2011. Although she claims to have suffered from chemical sensitivity for at least a decade, she first informed URI of her condition in December 2010, when she advised the company that perfumes and fragrances bothered her, according to the opinion. She inquired whether she could have a “fragrance-free zone.” This started a 10-month accommodation tug-of-war that ultimately ended in Brady's termination.

Specifically, URI looked into a private office for Brady, but determined that this was impractical and incompatible with her particular position. In order to accommodate her condition in the general workplace, URI started by purchasing Brady an electronic air cleaner. The company issued the first of many “no fragrance memos,” which Brady claims were never enforced. There was even evidence that some co-workers increased their use of fragrances in response to the memos, the opinion said.

Brady's desk was moved—but next to an employee who had a medical exemption to the no-fragrance policy, unbeknownst to Brady for approximately five months. The company purchased air-filtering masks for Brady, which she refused to wear, according to the opinion.