By David J. Rowland and Cheryl A. Luce

Seyfarth Synopsis: The Seventh Circuit sent shockwaves through the EEOC and through the employer community by concluding that multi-month leaves of absence, even those that are definite in term and sought in advance, are not required by the ADA.

To the surprise of many observers, and

By Christine Costantino

Sometimes all you need is a fresh start…or two.  In its third attempt at filing a complaint challenging an inflexible 12-month leave limitation policy, the EEOC injected new life into an ongoing battle against maximum or “no-fault” leave policies by classifying them as impermissible “qualification standards” in violation of the ADA.

Last

By: Erin McPhail Wetty

As discussed in our August 28, 2013 blog entry HERE, in most jurisdictions, a leave of absence may be a reasonable accommodation for a disabled employee, if the leave would allow the employee to return to work in the foreseeable future.  No court had affirmatively held (at least in any

By:  Erin Wetty

As we all know, the Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for known disabilities of employees to enable them to perform a position’s essential functions, unless doing so would result in undue hardship to the employer’s operations.  42 U.S.C. § 12112(b).  Under the ADA, selecting an appropriate and reasonable accommodation requires a highly individualized, case-by-case analysis, one that depends on the employee’s disability and the essential functions of the job. 

As discussed in our July 30, 2013 blog entry, the EEOC has concluded that employees may be entitled to a leave of absence as a reasonable accommodation, unless the employer demonstrates that holding open the position would impose an undue hardship.

At What Point Is Enough Enough?

Although the ADA does not mandate any specific time limit on the amount of leave a disabled employee may take as a reasonable accommodation, the majority of courts to consider the issue have found that a leave of absence cannot be indefinite. 
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