The brand new ADA consists of several other exceptions in the definition of “disability” (
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76 While the EEOC and a minority of courts have focused on extended or indefinite leave as a matter of undue hardship, almost all circuit courts have instead held that indefinite leave is not a reasonable accommodation. Examine Practical Hotel, supra note 11, at Question 44 (if an employer is able to show that the lack of a fixed return date causes an undue hardship, then it can deny the leave) and Garcia-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638, 648-50 (1st Cir. 2000) (plaintiff’s request for a two-month extension of leave after 15 months of medical leave could be denied only if employer showed undue hardship) which have Timber v. Eco-friendly, 323 F.3d 1309, 1314 (11th Cir. 2003) (employer’s granting of leave over the years showed that employee’s disability was not improving and thus his repeated requests had become an unreasonable request for indefinite leave and a confirmation that he could not currently, or in the near future, be expected to perform his essential functions); Pickens v. Soo Range R.R., 264 F.3d 773, 777-78 (8th Cir. 2001) (request for leave was not reasonable where employee took leave 29 times in a 10-month period and sought to be allowed to work when he wanted); Walsh v. United Lot Serv., 201 F.3d 718, 727 (6th Cir. 2000) (where an employer has provided substantial leave – here 18 months of paid and https://www.datingranking.net/paltalk-review/ unpaid leave – a request for additional leave of a significant duration with no clear prospect for returning to work is not a reasonable accommodation); Walton v. Psychological state Assoc. off Southeastern Pennsylvania, 168 F.3d 661, 671 (3d Cir. 1999) (while unpaid leave can be a reasonable accommodation, an employer is not required to provide repeated extensions of such leave); and Corder v. , Inc. Read More »