PRACTICE LOCATIONS: VA, DC, MD, NY, NC

contact@spigglelaw.comcontact@spigglelaw.com
  • TALK TO A REAL PERSON
  • 202-980-3857202-980-3857

SPLF Employment Blog

paid parental leave

Leave as an Accommodation Under the ADA

ADA caregiver discriminationThe ADA specifically provides that time out of work can be a reasonable accommodation. Note that this is particularly useful when you have a combined right to FMLA and ADA leave. If you have a medical issue that counts as both a serious medical condition under the FMLA and a disability under the ADA and run out of twelve weeks of FMLA leave, you may be protected by the ADA if you need to extend that leave. But, for this to stick, the leave must be of a reasonable duration. At the very least, this means that the leave must be for a definite period. For instance, assuming that your job is not a crucial one for your workplace, you are probably safe if you have a disability and a doctor’s recommendation that you should stay out of work for a month. The further you push out that time frame, the more likely you are to risk that your employer will claim that continued leave is unreasonable and have a court agree.

You can read more about this issue in chapter 9. For detailed discussion on the law in this area, check out an article by attorney Ramit Mizrahi, “Leave As A Reasonable Accommodation Under The Americans With Disabilities Act,” 3 LABOR & EMPLOYMENT LAW FORUM 29 (2013). You can find it online at http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1055&context=lelb.

If you find yourself facing a possible need for extended leave due to a disability, see a lawyer to find out how courts in your area deal with this issue.

Share this post

Latest Articles

DMV Survey Series: Wage Theft Edition

DMV Survey Series: Wage Theft Edition

*In this series, the author will explore the differences in specific areas of the law between D.C., Maryland, and Virginia, and hopefully answer the age-old question: which state is best for employees? Please remember that this blog post, like all of our posts, offers general information and is NOT legal advice. – Upon reading this …

DMV Survey Series: Wage Theft Edition Read More »

The Supreme Court Decides to Block and Uphold Biden’s Vaccination Mandates

The Supreme Court Decides to Block and Uphold Biden’s Vaccination Mandates

On January 13, 2021, the U.S. Supreme Court made two major decisions. These related to President Biden’s attempts to increase the number of workers who are fully vaccinated against the coronavirus. The first decision temporarily blocked the vaccinate-or-test regulation that applied to employers with 100 or more employees. The second decision allowed the vaccination requirement …

The Supreme Court Decides to Block and Uphold Biden’s Vaccination Mandates Read More »

Top Employment Law Trends To Watch In 2022

Top Employment Law Trends To Watch In 2022

We all thought 2020 was an eventful year but it turns out that was just the start; 2021 had its fair share of surprises and noteworthy news stories. As we head into 2022, it looks we’re in for another interesting year in terms of employment law. Below are some of the potential trends, stories, and …

Top Employment Law Trends To Watch In 2022 Read More »

Legal Challenges to OSHA’s Vaccination and Testing Emergency Temporary Standard

Legal Challenges to OSHA’s Vaccination and Testing Emergency Temporary Standard

If you’re aware of the coronavirus pandemic, chances are pretty high you’re also aware that Occupational Safety and Health Administration (OSHA) just announced its COVID-19 Vaccination and Testing Emergency Temporary Standard (Vaccine and Testing ETS). This regulation would require most employers with 100 or more employees to either mandate the coronavirus vaccine for their employees …

Legal Challenges to OSHA’s Vaccination and Testing Emergency Temporary Standard Read More »

Talk To A Real Person