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The ADA does not force employers to provide indefinite leave
Hey, that blog title looks familiar. Oh yeah! I wrote about it here back in October.
This time around, another federal court, the Tenth Circuit Court of Appeals, has reaffirmed that while a “leave of absence may be a reasonable accommodation [under the Americans with Disabilities Act]”, the employee must provide a reasonable estimate of the amount work that will be missed. “Conversely, when the employee seeks leave, but it is uncertain if or when he will be able to return to work, a leave of absence is not a reasonable accommodation.”
The case is Valdez v. McGill, a copy of which you can find here.
For more on reasonable accommodations under the ADA check out these posts:
- Can ADA-disabled employees be required to work overtime?
- Can Homer Simpson sue Mr. Burns for disability bias, and win?
- Fact or Fiction: Miniature horse = reasonable ADA accommodation
(h/t Karla J. de Steuben)