Leave can be a reasonable accommodation for a disability, which means an employee whose statutory leave entitlement is exhausted may still be entitled to more.
No automatic termination. Policies terminating employment automatically at the end of a fixed leave period have been the subject of sustained enforcement attention. Before separation, the employer must consider whether additional leave or another accommodation would be reasonable.
Definite versus indefinite. Leave of a defined, reasonably certain duration is more likely to be reasonable. Indefinite leave, with no expected return date, is generally not required.
Undue hardship considers the impact on operations, the ability to cover the work, the cost of temporary coverage, and the length of leave already taken. Document the analysis at the time.
The interactive process applies. Request updated medical information about expected duration and restrictions, consider alternatives including modified duties and part-time return, and record what was considered.
Reassignment to a vacant position for which the employee is qualified is an accommodation of last resort in most authority, without requiring the employee to compete for it in some circuits.
Intermittent absence. Attendance may be an essential function of some positions; that conclusion requires support in the job description and in practice, not assertion.