Under the Americans with Disabilities Act (ADA), employers may have an obligation to provide leave as a reasonable accommodation for an employee with a disability. While the ADA does not specifically require leave, it does require employers to provide reasonable accommodations that would not cause an undue hardship. This can include providing additional unpaid leave beyond what other laws cover, such as the Family and Medical Leave Act (FMLA) if the leave extends beyond 12 weeks due to the employee’s disability. Employers should consider leave as a reasonable accommodation on a case-by-case basis, and consistently apply policy and practices to all similarly situated employees.
The End of FMLA Time Off May Be the Start of ADA Leave
Request for FMLA Leave Can Serve as Request for ADA Accommodation
When Does Lengthy ADA Leave Constitute an Undue Hardship?
When Must Employers Provide Leave Under the ADA?
Related Toolkit: Coordinating Leaves of Absence
Related Express Request: ADA: Reasonable Accommodation/Interactive Process
SHRM
Articles
Employment Laws: Medical and Disability-Related Leave
DOL
Leave
Leave & Undue Hardship Under the ADA
JAN
Work-Leave, the ADA, and the FMLA
ADATA
Time Off Work as a Reasonable Accommodation
NOLO | Aug 2023
Fourth Circuit Finds Leave of Absence is Reasonable Accommodation Under ADA
Poyner Spruill | Jul 2023
Leave as a Reasonable Accommodation Continues to Vex Employers
Bradley | Apr 2022
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