Mark Wood v. Charlie Green, Clerk of Circuit Court for Lee Cnty., Florida, 323 F.3d 1309 (11th Cir. 2003). · Go Syfert
Mark Wood v. Charlie Green, Clerk of Circuit Court for Lee Cnty., Florida, 323 F.3d 1309 (11th Cir. 2003). Cases Citing This Book View Copy Cite
168 citation events (168 in the last 25 years) across 23 distinct courts.
Strongest positive: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. ZOE CENTER FOR PEDIATRIC & ADOLESCENT HEALTH, LLC (gamd, 2025-06-27)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. ZOE CENTER FOR PEDIATRIC & ADOLESCENT HEALTH, LLC
M.D. Ga. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the ada covers people who can perform the essential functions of their jobs presently or in the immediate future.
discussed Cited as authority (verbatim quote) Chandler v. DeJoy (2×) also: Cited "see, e.g."
D. Ariz. · 2024 · quote attribution · 1 verbatim quote · confidence high
wood was requesting an accommodation of indefinite leaves of absence so 17 that he could work at some uncertain point in the future. wood's requested accommodation 18 was not reasonable.
discussed Cited as authority (verbatim quote) Bucklew v. Charter Communications, LLC
M.D. Fla. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the ada covers people who can perform the essential functions of their jobs presently or in the immediate future.
discussed Cited as authority (verbatim quote) Delores Frazier-White v. David Gee (2×) also: Cited as authority (rule)
11th Cir. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
the ada covers people who can perform the esseiitial functions of their jobs presently or in the immediate future.
examined Cited as authority (quoted) Brenda Hairston v. Community Hospital Holding Company, LLC (4×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence low
the ada covers people who can perform the essential functions of their jobs presently or in the immediate future.
examined Cited as authority (rule) Susan Gossett v. Jiudicy Inc d/b/a Labor Finders (3×)
M.D. Ga. · 2026 · confidence medium
In Wood v. Green, the Eleventh Circuit held that an indefinite leave of absence is not a reasonable accommodation. 323 F.3d 1309, 1312 (11th Cir. 2003).
discussed Cited as authority (rule) Viola S. Jones v. Frank Bisignano, Commissioner of Social Security
N.D. Ala. · 2026 · confidence medium
Additionally, while a “leave of absence might be a reasonable accommodation in some cases,” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003), “an accommodation is unreasonable if it would only allow an employee to ‘work at some uncertain point in the future.’” Billups v. Emerald Coast Utils.
discussed Cited as authority (rule) Bill V. Ypsilantis v. Secretary, U.S. Department of the Treasury
11th Cir. · 2025 · confidence medium
See Wood USCA11 Case: 24-11587 Document: 35-1 Date Filed: 10/15/2025 Page: 12 of 13 12 Opinion of the Court 24-11587 v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003) (explaining that, “while a leave of absence might be a reasonable accommodation in some cases,” a request for “indefinite leaves of absence” contem- plating a return to work “at some uncertain point in the future” was not reasonable).
cited Cited as authority (rule) Spencer Bueno v. Arhaus, LLC
11th Cir. · 2025 · confidence medium
“The ADA covers people who can perform the essential functions of their jobs presently or in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) Doe v. Directions For Mental Health, Inc.
M.D. Fla. · 2025 · confidence medium
To establish a prima facie case of disability discrimination, a plaintiff must show that: “(1) she is disabled, (2) she was a ‘qualified individual’ when she was terminated, and (3) she was discriminated against on account of her disability.” Frazier-White v. Gee, 818 F.3d 1249, 1255 (11th Cir. 2016) (citing Wood v. Green, 323 F.3d 1309, 1312 (11th Cir. 2003)).
discussed Cited as authority (rule) Jonathan Massa v. Teamsters Local Union 79
11th Cir. · 2025 · confidence medium
And fol- lowing Massa’s injury, UPS was not required under the ADA to grant an “indefinite leave[] of absence so that he could work at some uncertain point in the future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003) (explaining that a leave of absence may be reasonable if it would allow the employee to “perform the essential functions of their jobs presently or in the immediate future”).
discussed Cited as authority (rule) Walls v. Lee Memorial Health System
M.D. Fla. · 2025 · confidence medium
“While a leave of absence might be a reasonable accommodation in some cases . . . an accommodation is unreasonable if it does not allow someone to perform his or her job duties in the present or in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
cited Cited as authority (rule) Kingsolver v. Garland
S.D. Ga. · 2024 · confidence medium
Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003); Duckett v. Dunlop Tire Corp., 120 F.3d 1222, 1226 (11th Cir. 1997).
discussed Cited as authority (rule) Thrasher v. UAB Hospital Management LLC
N.D. Ala. · 2024 · confidence medium
In the case of a hospital, there is even greater reason not to interfere with a best-qualified applicant policy: “the well-being and even the lives of patients can depend on having the best- qualified personnel.” Id. “[A] leave of absence might be a reasonable accommodation in some cases,” if it would allow an employee to continue work “in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) Bueno v. Arhaus, LLC (2×) also: Cited "see, e.g."
S.D. Fla. · 2024 · confidence medium
Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003). “[B]ecause the ADA covers people who can perform their essential job functions in the present or immediate future, requests for indefinite leave so an employee can work ‘at some uncertain point in the future’ are inherently unreasonable.” Monroe, 793 F. App’x at 927 (quoting Wood, 323 F.3d at 1314 ) (emphasis added).
cited Cited as authority (rule) Monique Regina McNeal v. Macon County Board Of Education
11th Cir. · 2024 · confidence medium
Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) Daugherty v. City of Pooler
S.D. Ga. · 2024 · confidence medium
(Doc. 21-1, pp. 14–19.) Specifically, the City contends that Plaintiff never requested a specific period of leave, nor did he identify a specific accommodation to performing his duties in his current position. (1) Additional Time for Leave of Absence The Court turns first to Plaintiff’s period of leave. “[B]ecause the ADA covers people who can perform their essential job functions in the present or immediate future, requests for indefinite leave so an employee can work ‘at some uncertain point in the future’ are inherently unreasonable.” Monroe v. Fla. Dep’t of Corr., 793 F. App�…
cited Cited as authority (rule) Hernandez v. Mondelez Global, LLC
M.D. Fla. · 2024 · confidence medium
Wood v. Green, 323 F.3d 1309, 1312 (11th Cir. 2003).2 However, Plaintiff does not describe the discriminatory conduct that forms the basis of this claim.
discussed Cited as authority (rule) Williams v. Kaiser Foundation Health Plan of Georgia, Inc.
N.D. Ga. · 2024 · confidence medium
However, a court can determine an accommodation is unreasonable as a matter of law where the accommodation “does not allow someone to perform his or her job duties in the present or in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) Hairston v. Community Hospital Holding Company, LLC
S.D. Ga. · 2024 · confidence medium
(Id.) “[B]ecause the ADA covers people who can perform their essential job functions in the present or immediate future, requests for indefinite leave so an employee can work ‘at some uncertain point in the future’ are inherently unreasonable.” Monroe v. Fla. Dep’t of Corr., 793 F. App’x 924 , 927 (11th Cir. 2019) (quoting Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003)).
discussed Cited as authority (rule) FIELDS v. BOARD OF TRUSTEES OF GEORGIA MILITARY COLLEGE AND GEORGIA MILITARY PREP SCHOOL
M.D. Ga. · 2024 · confidence medium
A reasonable accommodation is one which “presently, or in the immediate future, enables the employee to perform the essential functions of the job in question.” Wood v. Green, 323 F.3d 1309, 1313 (11th Cir. 2003) (quoting Duckett v. Dunlop Tire Corp., 120 F.3d 1222, 1226 (11th Cir. 1997)).13 An employee bears the burden of identifying an accommodation that would allow him to perform the essential functions of his job.
discussed Cited as authority (rule) Ypsilantis v. Secretary, U.S. Department of the Treasury
S.D. Fla. · 2023 · confidence medium
App’x 924, 927 (11th Cir. 2019) (“[T]he ADA covers people who can perform their essential job functions in the present or immediate future, requests for indefinite leave so an employee can work ‘at some uncertain point in the future’ are inherently unreasonable.”) (quoting Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003)); Frazier-White, 818 F.3d at 1255-57 (affirming district court's determination that the plaintiff's request for “an indefinite extension of her light-duty status ... was unreasonable as a matter of law”).
discussed Cited as authority (rule) Gibson v. AGC Automotive (2×) also: Cited "see"
N.D. Ala. · 2023 · confidence medium
Id.; Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) BOOK v. GEORGIA DEPARTMENT OF ECONOMIC DEVELOPMENT
M.D. Ga. · 2023 · confidence medium
Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003) (reversing the denial of an employer’s motion for judgment as a matter of law because the plaintiff “was requesting an accommodation of indefinite leaves of absence so that he could work at some uncertain point in the future”).
discussed Cited as authority (rule) Wright v. Legacy Cabinets Inc
N.D. Ala. · 2022 · confidence medium
In addition, “qualified individuals” are people “who can perform the essential functions of their jobs presently or in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003) (emphasis added).
cited Cited as authority (rule) McNeal v. Macon County Board of Education (CONSENT)
M.D. Ala. · 2022 · confidence medium
Id. at 1314 (citations omitted).
cited Cited as authority (rule) Wertheim v. James F. Potter, In his Official Capacity As Sheriff of DeSoto County
M.D. Fla. · 2022 · confidence medium
Employee’s “leave of absence might be a reasonable accommodation in some cases.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) Fields v. T-Mobile (2×) also: Cited "see"
N.D. Ala. · 2022 · confidence medium
Moreover, to the extent the plaintiff sought a leave of absence of an indefinite duration, the requested accommodation was not reasonable for the additional reason that it would not allow her to resume her job within a sufficiently certain and close period of time. “[A] leave of absence might be a reasonable accommodation in some cases,” if it would allow an employee to continue work “in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) JOHNSON, PH.D. v. CIRRUS EDUCATION GROUP, INC. (2×)
M.D. Ga. · 2022 · confidence medium
Wood v. Green, 323 F.3d 1309, 1312 (11th Cir. 2003).
discussed Cited as authority (rule) Lyden v. Paloma Blanca Health and Rehab., LLC
N.M. Ct. App. · 2022 · confidence medium
Corp., 87 F.3d 1167, 1169 (10th Cir. 1996) (because employee presented no evidence when she could “expect to resume her regular duties,” employer “was not required to wait indefinitely for her recovery”); Watkins v. J & S Oil Co., 164 F.3d 55, 61-62 (1st Cir. 1998); Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042, 1047 (6th Cir. 1998) (“Reasonable accommodation does not require the employer to wait indefinitely for an employee’s medical condition to be corrected.”); Myers v. Hose, 50 F.3d 278, 282 (4th Cir. 1995) (employer does not violate the ADA by refusing to grant an employ…
cited Cited as authority (rule) Simmons v. Mercedes-Benz US International Inc
N.D. Ala. · 2021 · confidence medium
E.g., Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) Sanquinette Porterfield v. Social Security Administration
11th Cir. · 2021 · confidence medium
But indefinite leave is not reasonable as an accommodation because “[n]othing in the text of the reasonable accommodation provision requires an employer to wait for an indefinite period for an 16 USCA11 Case: 20-10538 Date Filed: 08/30/2021 Page: 17 of 17 accommodation to achieve its intended effect.” Wood v. Green, 323 F.3d 1309, 1313 (11th Cir. 2003).
discussed Cited as authority (rule) May v. City of Union Springs (2×)
M.D. Ala. · 2021 · confidence medium
To succeed on an ADA discrimination claim, May must show that, at the time of the alleged 7 discriminatory action, (1) he was “disabled” and (2) a “qualified individual” as defined by the ADA, and (3) that he was unlawfully discriminated against on account of his disability. , 492 F.3d 1247, 1255-56 (11th Cir. 2007); , 818 F.3d 1249, 1255 (11th Cir. 2016) (citing , 323 F.3d 1309, 1312 (11th Cir. 2003)); see , 373 F. Supp. 2d 1267, 1270-71 (M.D.
discussed Cited as authority (rule) Kadribasic v. Wal-Mart Inc.
N.D. Ga. · 2021 · confidence medium
In the Eleventh Circuit, “a leave of absence might be a reasonable accommodation in some cases.” Billups v. Emerald Coast Utilities Auth., 714 F. App’x 929, 934 (11th Cir. 2017) (citing Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003)).
discussed Cited as authority (rule) Menefee v. Action Resources LLC
N.D. Ala. · 2020 · confidence medium
This bare-bones assertion ignores the ADA’s coverage of people “who can perform the essential functions of their jobs presently or in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir.2003).
discussed Cited as authority (rule) Holt v. Kyocera Document Solutions Alabama, LLC
N.D. Ala. · 2020 · confidence medium
To the extent Mr. Holt’s counsel’s March 23, 2017 request that Kyocera continue Mr. Holt’s leave for an additional four months constitutes a request for an accommodation (see doc. 16-6 at 8),5 such a request is not reasonable under the circumstances. “[A] leave of absence might be a reasonable accommodation in some cases,” but such a request is unreasonable if it does not allow an employee to perform his job duties “in the present or in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) Clark v. Sarpy County
D. Neb. · 2020 · confidence medium
“Rather, reasonable accommodation is by its terms most logically construed as that which, presently, or in the immediate future, enables the employee to perform the essential functions of the job in question.” Wood v. Green, 323 F.3d 1309, 1313 (11th Cir. 2003) (quoting Myers v. Hose, 50 F.3d 278, 283 (4th Cir. 1995)).
discussed Cited as authority (rule) Porterfield v. Social Security Administration (2×)
N.D. Ala. · 2019 · confidence medium
The law does not require an employer to “wait indefinitely for [a plaintiff’s] medical conditions to be corrected, especially in light of the uncertainty of cure.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003). consequences is not required in all cases, “the asserted impact cannot be speculative and must at least have a tangible adverse effect on the plaintiff’s employment.” Id.
cited Cited as authority (rule) Darrell C. Hartwell v. Richard v. Spencer
11th Cir. · 2019 · confidence medium
But “prior accommodations do not make an accommodation reasonable.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) Jackson v. City of Birmingham (2×) also: Cited "see, e.g."
N.D. Ala. · 2019 · confidence medium
See Duckett , 120 F.3d at 1226 ("Plaintiff had already been on medical leave for ten months,...and had no way of knowing when his doctor would allow him to return to work in any capacity."); Wood , 323 F.3d at 1314 (the employer granted "years of discretionary leave," and the plaintiff "had been on discretionary leave for over one month at the time of his termination"); Billups , 714 Fed.
cited Cited as authority (rule) Rosana Jones v. Aaron's Inc.
11th Cir. · 2018 · confidence medium
Wood v. Green, 323 F.3d 1309, 1312 (11th Cir. 2003).
cited Cited as authority (rule) Crystal Wade v. Florida Department of Juvenile Justice
11th Cir. · 2018 · confidence medium
Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003). 4 Case: 17-14673 Date Filed: 08/27/2018 Page: 5 of 5 III.
examined Cited as authority (rule) Roderick Billups v. Emerald Coast Utilities Authority (4×) also: Cited "see"
11th Cir. · 2017 · confidence medium
Regardless, we affirm the district court’s grant of summary judgment because Billups has not shown his requested accommodation would have allowed him to return to work “in the present or in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003); see Lucas, 257 F.3d at 1256 (stating that we may affirm the district court’s judgment on any grounds supported by the record).
discussed Cited as authority (rule) Jenny Martin v. Eli Lilly & Co. (2×) also: Cited "see"
11th Cir. · 2017 · confidence medium
See Wood v. 1 The jury answered “yes” to the question whether “one or more of the following was an adverse action: Ms. Martin’s 2009 Performance Management Evaluation and subsequent year- end rating (issued in 2010), Ms. Martin’s 2010 Performance Management Evaluation and subsequent year-end rating (issued in 2011), or the displacement of Ms. Martin from her territory[.]” 5 Case: 16-11537 Date Filed: 07/21/2017 Page: 6 of 18 Green, 323 F.3d 1309, 1312 (11th Cir. 2003).
discussed Cited as authority (rule) Reagan-Diaz v. Sessions
D.D.C. · 2017 · confidence medium
Cir. 2015); see also Basden v. Prof' l Transp., Inc., 714 F.3d 1034, 1037 , (7th Cir. 2013) (concluding that a plaintiffs “ability to come to work, or to otherwise perform the essential functions of her job, is examined as of the time of the adverse employment decision at issue”); Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003) (holding that- a plaintiff was not qualified where he could not perform essential functions in the “present or in the immediate future”); 29 C.F.R, § 1630.2(m) app.
discussed Cited as authority (rule) Pearson v. Augusta ex rel. Davis (2×) also: Cited "see"
S.D. Ga. · 2017 · confidence medium
And although a leave of absence may be a reasonable accommodation, an indefinite leave of absence is not because “[t]he ADA covers people who can perform the essential functions of their jobs presently or in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
discussed Cited as authority (rule) Sherri S. Luke v. Board of Trustees Florida A&M University (2×) also: Cited "see"
11th Cir. · 2016 · confidence medium
“While a leave of absence might be a reasonable accommodation in some cases ... an accommodation is unreasonable if it does not allow someone to perform his or her job duties in the present or in the immediate future.” Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003).
cited Cited as authority (rule) Orlando v. Williams v. Alabama Department of Corrections
11th Cir. · 2016 · confidence medium
Wood v. Green, 323 F.3d 1309, 1312 (11th Cir.2003) (quotation omitted).
cited Cited as authority (rule) Pierre R. Cazeau v. Wells Fargo Bank, N.A.
11th Cir. · 2015 · confidence medium
Wood v. Green, 323 F.3d 1309, 1312 (11th Cir.2003); see 42 U.S.C. § 12111 (8) (defining “qualified individual”).
discussed Cited as authority (rule) Lisa Spears v. Charlie Creel (2×) also: Cited "see"
11th Cir. · 2015 · confidence medium
Wood v. Green, 323 F.3d 1309, 1312 (11th Cir.2003).
Retrieving the full opinion text from the archive…
Mark WOOD, Plaintiff-Appellee,
v.
Charlie GREEN, Clerk of Circuit Court for Lee County, Florida, Defendant-Appellant
02-12971.
Court of Appeals for the Eleventh Circuit.
Mar 13, 2003.
323 F.3d 1309
2003 U.S. App. LEXIS 4470
2003 WL 1090412
Hala A. Sandrige, Fowler, White, Gillen, Boggs, Villareal & Banker PA, Tampa, FL, for Defendanb-Appellant., James E. Aker, Icard, Merrill, Cullis, Timm, Furen & Ginsburg, Sarasota, FL, for Plaintiff-Appellee.
Dubina, Hill, Cox.
Cited by 91 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: Eleventh Circuit (1)
DUBINA, Circuit Judge:

This case involves an appeal from the district court’s order denying appellant Charlie Green’s (“Green’s”) motion for judgment as a matter of law. For the reasons that follow, we reverse and render.

I. BACKGROUND

A. Facts

Appellee Mark Wood (“Wood”) began working for the Clerk’s Office of the Circuit Court for Lee County, Florida, in 1974. In 1978, Wood began suffering from cluster headaches. By 1985, Wood’s cluster headaches caused him to miss lengthy periods of work and prevented him from accomplishing a substantial portion of his duties. To accommodate Wood’s extended absences resulting from the cluster headaches, the Clerk’s Office created the new position of Court Coordinator for Wood. Wood’s primary duty in his new position was to review new legislation and rules that affected the courts and to establish procedures accordingly. This duty occupied approximately 50% of his time. The remaining 50% of his time was spent working with the supervisors of the court, acting as a sounding board, monitoring court related financial accounts, representing the office on boards and committees, speaking at conferences, handling difficult customers, and disseminating information to the public. When Wood was absent, other people had to do his work, sometimes including the review and analysis of new legislation. Notwithstanding his health problems, however, Wood received favorable yearly evaluations.

Throughout the years, Green, who was Clerk of the Circuit Court for Lee County, Florida, routinely granted Wood discretionary leave when he had exhausted his medical, sick, and vacation leave. In 1995, Wood missed a total of seven weeks of work. He missed significant amounts of work in both 1996 and 1997 as well. In 1998, Wood missed a total of approximately 15 weeks of work due to his cluster headaches. In 1999, Wood’s cluster headaches caused him to miss considerable portions of work in January, February, March, July, and August. In the fall of 1999, Wood met with his direct supervisor, Ed Flannery (“Flannery”), for his annual evaluation. Flannery informed Wood that he would not receive the customary annual pay increase due to his absences from work. Flannery also told Wood that Wood might have to submit weekly doctor’s notes if Wood missed additional work.

Shortly thereafter, Wood began experiencing another cluster headache. He requested a discretionary leave of absence without pay until he could return to work. Green approved this leave effective December 2, 1999, with no termination date. Wood subsequently telephoned Green to check in and tell him that he was still suffering from a cluster headache. Green told him not to worry about his job and to take care of himself. Additionally, Green told Wood to provide him with a doctor’s letter as soon as he could. Wood’s doctor sent a letter to Green in late December 1999. On January 5, 2000, Green terminated Wood’s employment.

B. Procedural History

Wood brought an Americans with Disabilities Act, 42 U.S.C. §§ 12101 et. seq., (“ADA”) and a Family Medical Leave Act (“FMLA”) action against Green. After an[*1312] eight-day jury trial, the jury returned a verdict in favor of Wood on his ADA discrimination claim and in favor of Green on the FMLA claim. On the ADA claim, the jury awarded Wood back pay. The district court also ordered reinstatement, but stayed such reinstatement pending appeal. Green filed a motion for judgment as a matter of law pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. The district court denied Green’s Rule 50(b) motion, finding that Wood’s requested accommodation for discretionary leave was not unreasonable because it was not for indefinite leave. Rather, Wood’s fourteen-year history with cluster headaches, which indicated that he would be able to return to work in a month or two, circumscribed Wood’s request. In considering the testimony in the light most favorable to Wood, the district court also found that sufficient evidence existed to support the jury’s finding that a reasonable accommodation would have enabled Wood to perform the essential functions of his job.

Green then perfected this appeal.

II.ISSUES

1. Whether Wood’s requested accommodation of indefinite leaves of absence is reasonable.

2. Whether sufficient evidence of discrimination on the basis of Wood’s disability existed.

3. Whether the jury’s verdict is against the manifest weight of the evidence.

4. Whether attendance is an essential function of Wood’s job so that his requested accommodation is unreasonable.

III.STANDARD OF REVIEW

“We review a district court’s denial of a motion for judgment as a matter of law de novo, applying the same standards as the district court.” Montgomery v. Noga, 168 F.3d 1282, 1289 (11th Cir.1999). Under Rule 50, a party is entitled to judgment as a matter of law “if during a trial by jury the opposing party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for the opposing party on that issue.” United States Steel, L.L.C. v. Tieco, Inc., 261 F.3d 1275, 1288 (11th Cir.2001) (internal quotations omitted).

IV.ANALYSIS

Indefinite Leave as a Reasonable Accommodation

Green argues that Wood was not a qualified individual within the meaning of the ADA because Wood’s requested accommodation of indefinite leaves of absence was not reasonable. We agree.

The ADA provides that employers shall not discriminate against qualified individuals with a disability because of the disability. 42 U.S.C. § 12112(a). “In order to establish a prima facie case of discrimination under the ADA, the plaintiff must show that: (1) he is disabled; (2) he was a ‘qualified individual’ at the relevant time ...; and (3) he was discriminated against because of his disability.” Lucas v. W.W. Grainger, Inc., 257 F.3d 1249, 1255 (11th Cir.2001). To be a “qualified individual” under the ADA, a person must be able to perform the essential functions of his or her job with or without a reasonable accommodation. Id. Wood argues that, given the unique nature of his job, a reasonable jury could find that he was a qualified individual within the meaning of the ADA because his request for leaves of absence was a reasonable accommodation.

Green relies on Duckett v. Dunlop Tire Corp., 120 F.3d 1222 (11th Cir.1997) (per curiam), in arguing that Wood’s request for indefinite leaves of absence is an unreasonable accommodation. In Duckett, we held that an employer was not required[*1313] to allow an employee to stay on medical leave under a salary continuation program. 120 F.3d at 1225. The court noted that the employee’s

need for leave would have been for an indefinite period — not just a month or two. Put differently, [pjlaintiff could not represent that he likely would have been able to work within a month or two ... and had no way of knowing when his doctor would allow him to return to work in any capacity.

Id. at 1226. The court further explained that an employer did not violate the ADA by “refusing to grant [an employee] a period of time in which to cure his disabilities where the employee sets no temporal limit on the advocated grace period, urging only that he deserves sufficient time to ameliorate his conditions.” Id. (citation and internal quotation marks omitted).

Significantly, these provisions [42 U.S.C. § 12111(8); 45 C.F.R. § 1232.3©] contain no reference to a person’s future ability to perform the essential functions of his position. To the contrary, they are formulated entirely in the present tense, framing the precise issue as to whether an individual “can” (not “will be able to”) peiform the job with reasonable accommodations. Nothing in the text of the reasonable accommodation provision requires an employer to wait for an indefinite period for an accommodation to achieve its intended effect. Rather, reasonable accommodation is by its terms most logically construed as that which, presently, or in the immediate future, enables the employee to perform the essential functions of the job in question.

Id. at 1226 (quoting Myers v. Hose, 50 F.3d 278, 283 (4th Cir.1995)).

In denying Green’s Rule 50(b) motion, the district court attempted to distinguish Duckett. The district court found that even though, due to the nature of cluster headaches, Wood could not give a date certain when he would be able to return to work, the outer limits of Wood’s absences could reasonably be approximated due to his fourteen-year experience with cluster headaches. The district court found that because Wood’s longest absence ever was three months and Wood undisputedly returned to work immediately after each cluster headache subsided, his request for a reasonable accommodation was not for indefinite discretionary leave; rather, Wood’s past experience circumscribed his request, and that past experience indicated that Wood would be able to return to work within a month or two. Wood urges us on appeal to adopt the district court’s reasoning. Wood also argues that Duckett actually supports his contention that a leave of absence is a reasonable accommodation because Wood would return to work within a month or two, unlike the plaintiff in Duck-ett.

Wood contends that a leave of absence can be a reasonable accommodation, citing Garcia-Ayala, v. Lederle Parenterals, Inc., 212 F.3d 638, 648 (1st Cir.2000), which explained that

[s]ome employees, by the nature of their disability, are unable to provide an absolutely assured time for their return to employment, but that does not necessarily make a request for leave to a particular date indefinite. Each case must be scrutinized on its own facts. An unvarying requirement for definiteness again departs from the need for individual factual evaluation.

212 F.3d at 648; see also Kimbro v. Atlantic Richfield Co., 889 F.2d 869, 878 (9th Cir.1989) (holding that leaves of absence for cluster headaches were a reasonable accommodation where no evidence existed as to how the leave of absence would impose an undue hardship on the employer). However, in reaching its conclusion, the[*1314] First Circuit rejected the findings of the district court, which relied on Myers v. Hose, 50 F.3d 278 (4th Cir.1995). Myers held that “reasonable accommodation does not require the County to wait indefinitely for Myers’ medical conditions to be corrected, especially in light of the uncertainty of cure.” 50 F.3d at 283. We adopted the Myers rationale in Duckett. 120 F.3d at 1225-26. In addition, unlike Wood, the plaintiff in Garcia-Ayala had requested leave to a specific date.

While a leave of absence might be a reasonable accommodation in some cases, Wood was requesting an indefinite leave of absence. Wood might return to work within a month or two, or he could be stricken with another cluster headache soon after his return and require another indefinite leave of absence. Wood was not requesting an accommodation that allowed him to continue work in the present, but rather, in the future — at some indefinite time. The Duckett court parenthetically noted that more compelling facts might lead to a different result. Id. at 1226 n. 2. For example, the ADA might be violated “if an employee was terminated immediately upon becoming disabled without a chance to use his leave to recover.” Id. Wood was not terminated immediately upon becoming disabled. He had been granted years of discretionary leave and had been on a discretionary leave for over one month at the time of his termination. While Duckett dealt with indefinite leave, the holding of that case is that an accommodation is unreasonable if it does not allow someone to perform his or her job duties in the present or in the immediate future.

Green created Wood’s new position to accommodate Wood’s absences from work. In addition, Green previously granted Wood indefinite leaves of absence to deal with his cluster headaches. However, pri- or accommodations do not make an accommodation reasonable. Holbrook v. City of Alpharetta, Ga., 112 F.3d 1522, 1528 (11th Cir.1997). Furthermore, Wood’s absenteeism had been increasing before his termination. Wood was requesting an accommodation of indefinite leaves of absence so that he could work at some uncertain point in the future. Wood’s requested accommodation was not reasonable. See Duckett, 120 F.3d at 1226. The ADA covers people who can perform the essential functions of their jobs presently or in the immediate future. Id. As a result, we conclude from the record that Wood was not a qualified individual under the ADA. Therefore, the district court erred in denying Green’s motion for judgment as a matter of law. Because of our disposition of the first issue presented in this appeal, we need not reach the remaining issues.

Based on our foregoing discussion, we reverse the district court’s order denying Green’s motion for judgment as a matter of law and render judgment in favor of Green.

REVERSED and RENDERED.