An employee’s serious medical condition often extends beyond the 12 weeks granted under the FMLA. Under the ADA, an employee may take additional time for their medical condition unless doing so would cause an undue hardship for the employer. For example, in a case decided by the First Circuit, an employee took 15 months of medical leave and then requested an additional two months of unpaid leave but could not provide an absolute assurance that he would return on that date. The court ruled that unless the employer could show the continued absence would pose an undue hardship (for example, temporary placement is inadequate or too costly), an additional two months may be a reasonable accommodation. Employers and employees may also consider benefit programs such as Enhanced Disability Insurance.
The ADA does not require an employer to grant an extended leave of absence when it is unlikely the leave will enable the disabled employee to perform the essential functions of the job. Courts have found leaves to be unreasonable in situations where the employee worked only five out of 28 months, where an employee was out for a year and a half and asked for a 90-day extension, and where the leave was so erratic that the employer could not determine day to day whether or when the employee might return.
An employee with a disability might need leave for a number of reasons related to the disability, including, but not limited to:
- Obtaining medical treatment (for example, 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 (for example, a guide dog).
- Receiving training in the use of braille or to learn sign language.
When considering whether or not 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 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 information about individual coverage options that may affect leave decisions, see Personal Disability Insurance.
Frequently Asked Questions
How long must an employer hold a job open for an employee on extended medical leave?
There is no fixed duration beyond statutory leave; employers must consider extended leave as a possible reasonable accommodation unless it creates an undue hardship.
When is an extended leave likely to be considered an unreasonable accommodation?
An extended leave may be unreasonable when it is unpredictable, excessively long, or when the employer can show that the absence imposes significant difficulty or expense.
Can an employer require documentation to support a request for extended leave?
Yes; employers may request medical documentation to verify the need for leave and to assess whether the leave is a reasonable accommodation.
What should an employee do if they are unsure when they can return to work?
An employee should communicate regularly with the employer, provide updates and medical information when available, and discuss possible accommodations to facilitate a return.