Leave As a Reasonable Accommodation

The time has come for the minority of circuits to join the majority, and explicitly hold that non-indefinite unpaid leave is a reasonable accommodation under the ADAAA. As discussed in more detail below, cases prosecuted by women with difficult pregnancies would be particularly compelling impact cases to push the remaining circuits to explicitly accept non-indefinite leave as a reasonable accommodation.

21 minute read December 27, 2012 at 07:52 AM
By
Cyrus E. Dugger
Leave As a Reasonable Accommodation

With the passage of the ADAA, effective Jan. 1, 2009, and the promulgation of its regulations, effective May 24, 2011 (with retroactive application from the earlier date), the time has come for the minority of circuits to join the majority, and explicitly hold that non-indefinite unpaid leave is a reasonable accommodation under the ADAAA.

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