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02/22/2012 12:21:00 PM EST

Update: The ADA Does Not Force Employers to Provide Indefinite Leave

Posted by

Eric Meyer

Hey, that blog title looks familiar. Oh yeah! I wrote about it here back in October.

This time around, another federal court, the Tenth Circuit Court of Appeals, has reaffirmed that while a "leave of absence may be a reasonable accommodation [under the Americans with Disabilities Act]", the employee must provide a reasonable estimate of the amount work that will be missed. "Conversely, when the employee seeks leave, but it is uncertain if or when he will be able to return to work, a leave of absence is not a reasonable accommodation."

The case is Valdez v. McGill, a copy of which you can find here [an enhanced version of this opinion is available to lexis.com subscribers].

For more on reasonable accommodations under the ADA check out these posts:

This article was originally published on Eric B. Meyer's blog, The Employer Handbook

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