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
SHRM Ask An Advisor
Get expert help on a wide range of HR topics. Access experienced, certified HR Knowledge
Advisors by phone, chat & email
Connect with An Advisor now: https://www.shrm.org/hrhelp
SHRM Members' Survey
Tell us what you think about the Express Request self-service feature in a few quick questions.
Related Content
HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.
The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.
Advertisement
An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.
Advertisement