Open Leave Requests as an ADA Accommodation: What Employers Need to Know

Federal Court Clarifies ADA Leave Standards

Citing anxiety as her condition, an employee told her employer she could not return “until further notice”. The Eleventh Circuit held that such indefinite leave is not a reasonable accommodation under the ADA. While employers must consider finite leave requests, they are not required to keep jobs open without an end date.

Circumstances

After filing a grievance against her supervisor, the employee reported migraines and anxiety. The employee was initially excused until she could visit with a medical practitioner who later determined the employee was unable to return to work until further notice.

When the employee informed HR that she would return once cleared, but did not provide a timeline, HR allowed her to use paid time off and warned that once her balance was exhausted, she would be considered to have abandoned her job, as she was not eligible for FMLA. Although the employer accommodated a short, two-week leave, it refused to extend the leave further. When the employee failed to return, her employment was terminated.

The employee sued for violations of the Americans with Disabilities Act.

What Does the ADA Require?

The ADA requires employers to provide reasonable accommodations so that employees with disabilities can perform the essential functions of their jobs. But the duty only applies when the request itself is reasonable.

A medical leave of absence can be reasonable if it allows the employee to return in the present or near future. In this case, because the employee did not provide any estimate of a return, the court viewed her request as indefinite. Since indefinite leave is not a reasonable accommodation under the ADA, the employer was not obligated to grant additional time off or to continue the interactive process.

Key Takeaways for Employers

Press for specifics. An open-ended request is not required under the ADA. Always request medical documentation with an expected return date.

Keep your paper trail. Document leave balances, deadlines, and warnings. These records are often decisive in litigation.

Stay interactive when leave is finite. If a doctor provides a timeline for return, the duty to accommodate is triggered, and the interactive process must be genuine.

Employees don’t always get their first choice. Even if the length of leave may be reasonable, the law allows an employer to offer another accommodation that is also reasonable and enables the employee to perform the essential job functions.

Recognize the limit. The ADA supports reasonable, finite accommodations. “Until further notice” crosses the line into indefinite leave, which is not required. (Although your mileage may vary under state and local law.)

The Bottom Line

When an employee with work-related anxiety refuses to return “until further notice,” the ADA does not require the employer to keep the job open. The law draws the line between reasonable leave that enables a return to work and indefinite absences that offer no clear path forward.

Need Help Navigating ADA Compliance?

Our team has deep expertise in federal employment law and ADA strategy. We can help you review your policies, train supervisors, and ensure your accommodation practices align with current legal standards. Contact us today for a tailored compliance consultation.

FAQs

Q: Does the ADA require employers to approve indefinite leave requests?
A: No. The ADA requires reasonable accommodations, but indefinite leave—where no return date is provided—is not considered reasonable. Employers are not obligated to keep a position open without a clear timeline for return.

Q: What qualifies as a “reasonable” leave under the ADA?
A: A leave of absence may be reasonable if it enables the employee to return in the present or near future. The key is whether the leave has a defined duration and supports the employee’s ability to perform essential job functions upon return.

Q: Can an employer request medical documentation with a return date?
A: Yes. Employers are allowed—and encouraged—to request medical documentation that includes an expected return-to-work date. This helps determine whether the accommodation is reasonable and triggers the interactive process.

Q: What should employers do when an employee cites anxiety or mental health as a reason for leave?
A: Employers should treat mental health conditions like any other disability under the ADA. They must engage in the interactive process, request documentation, and assess whether the requested accommodation (such as leave) is reasonable and finite.

Q: Is an employer allowed to offer an alternative accommodation instead of extended leave?
A: Yes. The ADA allows employers to propose alternative accommodations that are also reasonable and enable the employee to perform essential job functions. Employees are not guaranteed their preferred accommodation.

Q: What documentation should employers maintain during the leave process?
A: Employers should keep detailed records of:

• Leave balances and usage
• Communications with the employee
• Medical documentation received
• Warnings or deadlines issued
• Interactive process efforts

These records are critical in defending against ADA claims.