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Managing employees’ leaves of absence is a tricky business for employers. While laws like the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide a set amount of leave protection and are generally easy to follow, courts and agencies have said that anti-discrimination statutes such as the Americans with Disabilities Act (ADA) and the disability provisions of the California Fair Employment and Housing Act (FEHA) may require an employer to provide additional leave beyond the full extent of the leave laws as a reasonable accommodation of an employee’s disability.

Whatever the Seventh Circuit Says, Extended Leave Can Still Be a Reasonable Accommodation in California

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In a welcome development for employers in Illinois, Indiana and Wisconsin, the Seventh Circuit concluded last September that an employee on an extended leave of absence is beyond the protection of the ADA and that leaves of absence are the province of the FMLA, not the ADA. At the end of the year, however, the Ninth Circuit reminded us that this is not the law in California. Employers here still need to consider extending leaves well beyond the FMLA and CFRA entitlements in order to avoid running afoul of the ADA and FEHA. Read our <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltc29632060c6fa799/6273ec374886af2aa2be26a5/180122-employment-law-commentary.pdf">newsletter</a>.

Whatever the Seventh Circuit Says, Extended Leave Can Still Be a Reasonable Accommodation in California

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David P. Zins

Partner

Employment + Labor