The employment law implications of medical marijuana are rapidly evolving. The recent decision in Parrotta v. PECO Energy, No. 18-2842, 2019 U.S. Dist. LEXIS 15336 (E.D. PA Jan. 31, 2019) addresses an employee’s self-diagnosed use of “medical” marijuana along with a number of other practical ADA and FMLA issues.

Foot Surgery

Michael Parrotta was a senior engineer for PECO when, in September 2016, he was diagnosed with a “second plantar plate tear in his left foot.” He was placed on restricted duty for approximately 30 days (approved and accommodated by PECO) after which he underwent surgery. He was on FMLA leave while recuperating. Parrotta returned to work in early December on restricted duty (and was again accommodated) and, in early March, told PECO that he could resume “full duty” subject to “maintenance follow-up” with his physician.

Failed Drug Test

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