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.
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. 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.
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Cyrus E. DuggerThis premium content is locked for LawJournalNewsletters subscribers only
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