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Determine if a Request for Leave Qualifies as an ADA Accommodation
There may be times when an employee uses up all of his or her federal, state or local family and/or medical leave, but still cannot return to work. An employer needs to consult all applicable laws to determine what its obligations may be.
A request for leave may be considered a request for a reasonable accommodation under the Americans with Disabilities Act (ADA) for an employee with a disability.
Whether and how much leave an employer may have to provide is fact-specific. An employer should take into account factors, such as the person's job duties, the impact on other employees, and the likelihood the person will return in the near future.
If an employee requests additional leave as a reasonable accommodation, an employer should have a conversation with the employee to see if the employee's request for additional leave may be accommodated without causing undue hardship. An employer should not automatically terminate an employee after a certain period of leave.
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