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Reasonable Time to Heal Doctrine Reversed

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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On January 29, 1999, a special panel of the Michigan Court of Appeals issued its decision that the Persons with Disabilities Civil Rights Act (formerly Michigan Handicappers' Civil Rights Act) does not require an employer to allow a disabled employee a reasonable time to heal. The "reasonable time to heal" doctrine was announced by the court in its 1991 opinion in Rymar v Michigan Bell. In Rymar, an employee suffering from a grief-related emotional disorder was discharged after four months' leave because the employer could no longer continue to hold the job for the employee. The

employee claimed her discharge constituted disability discrimination. The court agreed, ruling, "An employer must give its employees a reasonable time to heal..."

In Lamoria v Health Care Retirement, an employee was discharged after one year's leave during which time her knee replacement surgery was repeatedly postponed due to a dispute over whether the surgery should be covered by workers' compensation benefits. Based solely on its obligation to follow the Rymar ruling, the court ruled that discharging the employee who was expected to be able to return to regular duties shortly after surgery was discrimination based on disability. The court, however, announced strong disagreement with the Rymar ruling.

A special panel comprised of seven appellate judges reviewed the two decisions. It concluded that the Rymar court had stretched too far a singular remark made during Senate discussions on the disabilities act to create its rule requiring employers to give employees a reasonable time to heal.

The court's elimination of the reasonable-time-to-heal rule does not mean that employers should seize the opportunity to discharge all employees currently on medical leave. Employers still must comply with the Family and Medical Leave Act and/or existing medical leave policies. Moreover, the Lamoria decision likely will be appealed to the Michigan Supreme Court. Look for further developments in future editions of this newsletter.

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