Q & A – Is leave a reasonable accommodation?

Q: Is leave a reasonable accommodation?

A: Yes.  If it can be shown that leave would enable the employee to return to work performing all essential functions.  The ADA may require leave to be extended beyond 12-weeks FMLA leave or the amount provided in an employer’s other leave of absence policy.  Courts have uniformly held that open ended leave and indefinite leave are not reasonable accommodations.