LAW OFFICE OF ARKADY ITKIN
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Medical Leave of as Reasonable Accommodation under ADA / FEHA

leave of absence accommodation
 A common question that both employers and employee ask is whether and for how long an unpaid leave of absence should be provided as a reasonable accommodation to an employee's disability or serious medical condition. Generally, a finite leave of absence may be a reasonable accommodation, if it is likely that the employee will be able to perform his duties at the end of the leave. Most courts hold that an employer has no obligation to provide "indefinite" leave of absence, i.e. when it reasonable appears from the employee's medical documents that he is unlikely to ever be able to return to work or perform the job duties of his position (or in some cases - another position, for which he was qualified and applied for as one type of accommodation). An extension of previously granted leave can also be the type of an accommodation that a qualifying employee with a disability may be entitled to.  

An employer's size and resources may affect its obligation to provide leave of absence as a reasonable accommodation. There is no bright line rule regarding the length of leave of absence or the length of extension of previously provided leave that employers must provide to employees with qualifying disabilities. The larger the employer is, the more similar positions the company has, and the less critical that position is (i.e. admin clerk v ER nurse), the greater the obligation to provide leave of absence is. Thus, a large organization with many resources will have far more extension obligations regarding providing leave of absence to an administrative employee, than a small restaurant with respect to their waiter or a cashier with a disability, without which that business is much harder to run. 

The California courts' prior rulings make it clear that there is a lot of grey area in the world of leave of absences that serve as an accommodation. Each situation and each employer has to be analyzed individually do determine the respective rights and obligations of both, the employee seeking leave of absence and the subject employer.   There is no bright line rule of the minimum or the maximum leave that the employee would be entitled or the employer would be able to provide to accommodate a disabled worker.  To make this determination the disabled employee's needs would have to be balanced against the hardship that a (longer) leave would create on the employer's operations. 

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case