An employee’s serious medical condition often extends beyond the 12 weeks granted under the FMLA. Under the ADA, an employee may be entitled to additional unpaid leave as a reasonable accommodation unless the extra leave would cause an undue hardship for the employer.
For example, in one case an employee took 15 months of medical leave and then requested an additional two months of unpaid leave. The employee could not provide absolute assurances about the exact return date. The court found that unless the employer could show the continued absence posed an undue hardship — for instance, that temporary placement was inadequate or too costly — an additional two months could be a reasonable accommodation.
The ADA does not require an employer to grant extended leave when it is unlikely the leave will enable the employee to perform the essential functions of the job on return. Courts have found some leaves unreasonable in situations such as when an employee worked only five out of 28 months, when an employee was out for a year and a half and requested a 90-day extension, or when absences were so erratic the employer could not know from one day to the next whether the employee would return.
Reasons an employee might need leave
- Obtaining medical treatment (e.g., surgery, psychotherapy, substance abuse treatment, or dialysis); rehabilitation services; or physical or occupational therapy.
- Recuperating from an illness or an episodic manifestation of the disability.
- Obtaining repairs on a wheelchair, accessible van, or prosthetic device.
- Avoiding temporary adverse conditions in the work environment (for example, an air-conditioning breakdown causing unusually warm temperatures that could seriously harm an employee with multiple sclerosis).
- Training a service animal (e.g., a guide dog).
- Receiving training in the use of braille or to learn sign language.
Factors to consider
When considering whether to grant extended leave as an accommodation, consider these factors:
- When the employee expects to return to work.
- Whether the absences will be planned or erratic.
- Whether they will be able to perform their full duties when they return.
- Whether the employee was hired specifically to perform a certain task.
- Whether additional leave and temporary employees are more costly than hiring a new employee.
- Whether the leave creates an undue hardship under the circumstances.
For general guidance on reasonable accommodations and leave under disability law, consult EEOC guidance for more information.
If you want to review insurance options that may help protect income during long absences, see Enhanced Disability Insurance for policy details and Personal Disability Insurance to compare individual coverage options. To discuss specific needs with an agent, you can talk to an agent.
Frequently Asked Questions
How long may an employer be required to allow leave as an ADA accommodation?
There is no fixed maximum; it depends on whether the leave is a reasonable accommodation or creates an undue hardship for the employer.
Does FMLA leave always cover ADA leave?
No. FMLA provides a fixed entitlement (typically up to 12 weeks), while ADA accommodations may require additional leave beyond FMLA if reasonable and not an undue hardship.
Can an employer require medical certification for extended leave requests?
Yes, employers may request reasonable documentation to support a need for leave or to assess the employee’s ability to return to work.
What should an employee do when requesting extended leave as an accommodation?
Provide timely notice of the need for leave, supply any requested medical information, and engage in an interactive process with the employer to explore reasonable accommodations.