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ARTICLE · 16 OCTOBER 2013

Indefinite Leave Me Alone (Part 2)

Fox Rothschild LLP
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"Fair Employment and Housing Act", ADA, Americans with Disabilities Act, disability discrimination, disability leave, indefinite leave, reasonable accommodation

United StatesEmployment and HR
Jeffrey Polsky
Jeffrey Polsky
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Our colleague Richard Cohen at the Employment Discrimination Report posted this item about indefinite leave being a reasonable accommodation under the NYC Human Rights Law. It's not under California or Federal law and it would be a nightmare for employers if that changed. Under California's Fair Employment and Housing Act and the Americans With Disabilities Act, employers have to offer a reasonable accommodation if it's not an undue hardship and it enables the person to perform the essential functions of the position.

If indefinite leave is a possible accommodation, the requirement of being able to perform the essential functions becomes meaningless. What job couldn't someone perform if they could take an indefinite leave from performing its duties? This may force me to reconsider my advice that there's no need to hire dead people.

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