An employee’s serious medical condition often extends beyond the 12 weeks granted under the FMLA. Under the ADA, employees may take additional leave for their medical condition unless it creates an undue hardship for the employer.
For example, a court in the First Circuit considered an employee who took 15 months of medical leave and then requested an additional two months of unpaid leave. Because he could not give an absolute assurance he would return after two months, the court indicated the employer would need to show that the continued absence posed an undue hardship (for example, that temporary placement was inadequate or too costly) before denying the extra leave.
The ADA does not require an employer to provide extended leave when it is unlikely the leave will enable the disabled employee to perform the essential functions of the job. Courts have found requested leaves unreasonable when an employee worked only five out of 28 months, when an employee was out for a year and a half and then asked for a 90-day extension, and when absences were so erratic the employer could not predict whether or when the employee would return.
For additional context about leave laws and how they interact with benefits, see Understanding Family and Medical Leave Act and Health Insurance Options.
Reasons an employee with a disability might need leave
- Obtaining medical treatment, such as surgery, psychotherapy, substance-abuse treatment, dialysis, rehabilitation services, or physical and occupational therapy.
- Recuperating from an illness or an episodic manifestation of the disability.
- Obtaining repairs to a wheelchair, accessible van, or prosthetic device.
- Avoiding temporary adverse workplace conditions (for example, unusually warm temperatures that could seriously harm someone with multiple sclerosis).
- Training a service animal (for example, a guide dog).
- Receiving training in the use of braille or learning sign language.
When considering whether to grant extended leave as a reasonable accommodation, employers should review the facts and circumstances of each request.
Factors to consider
- When the employee expects to return to work.
- Whether the absences will be planned or erratic.
- Whether the employee will be able to perform full duties when they return.
- Whether the employee was hired to perform a specific task or role that requires continuous coverage.
- Whether additional leave plus temporary staffing is more costly than hiring a new employee.
- Whether granting the leave would create an undue hardship under the circumstances.
Employers should evaluate leave requests on a case-by-case basis and balance the employee’s needs with operational demands. For information about short-term coverage options that can support periods of disability, see Short-Term Disability Insurance.
See EEOC guidance for more on reasonable accommodations related to leave and how to approach interactive discussions with employees about return-to-work expectations.
Frequently Asked Questions
How long can an employer hold a job open for an employee on extended leave?
There is no fixed national rule beyond FMLA’s protections; under the ADA an employer must consider whether holding the job open is a reasonable accommodation and whether it creates an undue hardship.
Can an employer require a return-to-work date before approving additional unpaid leave?
Yes, an employer may reasonably request a return-to-work date or medical documentation supporting the expected return; lack of a reliable estimate can justify denying extended leave if it creates an undue hardship.
Is intermittent or episodic leave treated differently from a continuous extended leave?
Intermittent and episodic leave are considered under the same ADA framework, but unpredictability can make an accommodation unreasonable if it prevents the employer from maintaining essential operations.