In the Media

PWFA’s Essential Duties Wrinkle Could Trip Up Employers

April 23, 2024

Of Counsel Melissa Losch (New Orleans) was interviewed by Law360 in an article published on April 23, 2024, “PWFA’s Essential Duties Wrinkle Could Trip Up Employers.”

Melissa Losch, of counsel at McGlinchey Stafford PLLC, said she believes the process for employers in determining how long to temporarily suspend a person’s core job functions will be essentially the same as figuring out if such an accommodation is warranted at all.

“If it’s something that is pretty obvious — the length of a pregnancy or whatnot — then that’s easy,” Losch said. “But if it is something like postpartum depression, or something that’s a little more flexible in terms of how long it’s going to last, I would say [to] start with ‘X’ number of weeks and then let’s reevaluate.”

“If something goes on too long, then I feel like we get into ADA land where now we’re talking about, ‘Is this going to be something more permanent?’ and then a suspension of an essential function would not apply anymore,” according to Losch.

Read more (subscription required).