Leave as Accommodation
Time off from work, including unpaid leave beyond FMLA, as a reasonable accommodation.
Leave (time away from work) can be a reasonable accommodation under the ADA, separate from and in addition to FMLA leave.
Types of leave that may be accommodations: - Extended medical leave beyond FMLA - Intermittent leave for medical appointments or flare-ups - Leave for treatment programs - Part-time schedules during recovery - Leave to obtain assistive devices or training
Key differences from FMLA: - ADA leave has no 12-month limit - ADA applies to employers with 15+ employees (FMLA: 50+) - ADA leave must be "reasonable" (case-by-case analysis) - No eligibility requirements for length of service
When leave may be denied: - If indefinite leave is requested with no estimated return date - If the leave would cause undue hardship - If the employee cannot perform essential functions upon return
Important: An employer cannot deny leave just because FMLA has been exhausted. Each request must be evaluated under the ADA.
ernesty provides general information and tools to help you understand and organize your situation. It is not legal advice, and it is not a substitute for advice from a licensed attorney about your specific circumstances.