Class Certification Denied In ADA Termination Lawsuit Over Maximum Leave Of Absence Policy

On April 21, 2011, Judge Terrence F. McVerry of the U.S. District Court for the Western District of Pennsylvania denied class certification in Chedwick, et al.  v. UPMC d/b/a University of PittsburghMedicalCenter, Case No. 07-806 (W.D. Pa. Apr. 21, 2011).  The decision is a rare class certification ruling under the Americans With Disabilities Act ("ADA"). The claims at issue in Chedwick focus on one of the key pressure points in current ADA litigation - the legality of neutral leave of absence rules by which an employer terminates an employee who fails to return from leave due to the passage of time and the expiration of their leave.

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