When medical leave is required beyond statutory entitlements.
Esshaki Legal Media TeamCurrent as of June 2023
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.