Vague Return-to-Work Date Dooms ADA Claim

The U.S. EEOC’s guidance provides that an extended leave of absence (LOA) beyond the employer’s policy may be a reasonable accommodation under the Americans with Disabilities Act (ADA). The guidance also explains that an indefinite LOA, “will constitute an undue hardship, and so does not have to be provided as a reasonable accommodation.” But what about a request for an LOA with a vague deadline such as, "[I] probably [will] be released in September or October"?

Does the PWFA Discriminate Against Men?

During an employee’s orientation, she told her new employer that she is pregnant. She then incurred pregnancy-related absences such as nausea, swelling in her feet, aching joints, and doctor’s appointments. The employer had a policy that if an employee incurs more than two absences during the probationary period, the employee will be subject to termination. She quit and sued after her supervisor told her she'd be fired if she incurred one more absence.

2025 Webcast Series for HR Pros

Subscriptions are still open and available! Subscribe now and still get access to all 11 webcasts for the price of 8, including the handouts and HRCI/SHRM credits.

Same price as last year including the 20% discount, plus an additional discount for groups of five (5) or more!



Click here to check out the 2025 schedule, topics, and to subscribe.

This publication does not constitute the rendering of legal advice. Please consult your company's legal counsel for guidance on any matter. 

FiveL Company | info@FiveL.net | www.FiveL.net