Human resource experts were asked to weigh in on an issue brought to light by a recent employment law case. What happens when an employee is out on job-protected leave and the company realizes business is fine without the duties this employee performs? Furthermore, what happens if the business realizes during this time that it may not be worth the 40-hour work week they pay for?

Although federal employment law typically requires an employee be reinstated at the end of a medical leave, many organizations do not know they have options under the Americans with Disabilities Act. The 9th U.S. Circuit Court of Appeals held that an employer actually has entitlement when it comes to changing an employee’s full-time status if it is discovered the duties did not require this kind of schedule.

In Mendoza v. Roman Catholic Archbishop, No. 14-55651 the court had to review ADA claims filed by Alice Mendoza. She was a bookkeeper for the church and took 10 months of leave for a disability. During this time, the pastor took over her duties. He decided after performing her job duties that this job didn’t require a full-time employee. When Mendoza’s leave was over she returned to work only find that her full-time position had been changed to a part-time position. At this point Mendoza declined the position and filed suit.

The U.S. District Court for the Central District of California granted summary judgement to the employer because Mendoza was unable to dispute the church’s legit and nondiscriminatory reason for reducing her hours. Mendoza appealed but the 9th Circuit upheld the lower court’s ruling.

HR experts are urging companies, however, to note that this decision might only actually apply when the ADA is implicated without the Family and Medical Leave Act. When FMLA is involved, things typically play out much differently.