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

Employment Law Commentary, Volume 30, Issue 1

January 2018

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. 

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