ADA Frequently Asked Questions
Category: Title I: Employment
Question: #28
What can employees with disabilities do when they run out of leave and need additional time?
Answer:
When an employee needs additional leave due to a disability but has used up all of their paid work-leave, FMLA and/or other available leave, employers should consider unpaid leave under the ADA as a reasonable accommodation.
As with any accommodation request, employers must do an individualized assessment to determine whether providing leave as an accommodation under the ADA would be considered "unreasonable" (i.e. would it result in an undue hardship).
If providing unpaid leave as an accommodation would result in an undue hardship and no other reasonable accommodations exist that would allow the employee to return to work or perform the essential functions of their job, an employer should also consider temporary or permanent reassignment as a last resort prior to termination.
Resource(s):
Work-Leave, the ADA, and the FMLA
Employer-Provided Leave and the Americans with Disabilities Act
Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA
As with any accommodation request, employers must do an individualized assessment to determine whether providing leave as an accommodation under the ADA would be considered "unreasonable" (i.e. would it result in an undue hardship).
If providing unpaid leave as an accommodation would result in an undue hardship and no other reasonable accommodations exist that would allow the employee to return to work or perform the essential functions of their job, an employer should also consider temporary or permanent reassignment as a last resort prior to termination.
Resource(s):
Work-Leave, the ADA, and the FMLA
Employer-Provided Leave and the Americans with Disabilities Act
Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA
