Extended Leave Under the ADA: How Long is Too Long?

by: Linda Schoonmaker and Austin Brayley

SUMMER 2017 | AMERICANS WITH DISABILITIES ACT

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Federal laws protect employees from loss of employment due to serious health conditions that might interfere with an employee’s ability to attend or to perform job functions.  Historically, the Family and Medical Leave Act (FMLA) has been the primary statutory authority requiring employers to offer extended medical leave. The FMLA limits annual leave for certain qualified employees to 12 weeks. But in recent years, the U.S. Equal Employment Opportunity Commission (EEOC) has interpreted the Americans with Disabilities Act (ADA) to require additional medical-related leave for persons with disabilities, as a reasonable accommodation under the ADA. This article highlights key differences between the FMLA and the ADA with respect to providing job-protected leave to employees; explores the EEOC’s position regarding leave as a reasonable accommodation under the ADA; and discusses factors employers should consider in determining under what circumstances they must or, alternatively, need not, provide extended leave to an employee under either law.  

 

This article may be cited as:

Linda Schoonmaker & Austin Brayley, Extended Leave Under the ADA: How Long is Too Long?, UNT DALL. L. REV. ON THE CUSP, Summer 2017, at 1, [insert cited pg. no.].

 

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