When Do Repeated Extension Requests Become Indefinite Leave?

By Lana L. Rupprecht, Esq., Director and Product Compliance Counsel, Reliance Matrix, and Marti Cardi, Esq., Independent Senior Compliance Consultant and Legal Counsel, Reliance Matrix

You have a long-term employee who is a high-performer with impeccable attendance. On June 6, he was in a car accident and sustained serious injuries. He provided a doctor’s letter with a request for six weeks of leave with a return-to-work date of July 18.

On July 16, the employee provides another doctor’s note requesting an additional six-week extension due to his medical condition. This pattern continues for more than 10 months. He exhausts federal Family and Medical Leave Act (FMLA) and state-mandated leave, and still has not returned to work.

Legal Obligations

Under the Americans with Disabilities Act (ADA), employees may take leave as a reasonable accommodation if it permits them to perform the essential functions of attendance (i.e., return to work). But the amount of time the employee is on leave must be reasonable. The Equal Employment Opportunity Commission (EEOC) and most courts agree that indefinite leave is not a reasonable accommodation and accommodating such leave represents an undue hardship.¹

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