"Holding a job open for a disabled employee who needs time to
recuperate or heal is in itself a form of reasonable accommodation
and may be all that is required where it appears likely that the
employee will be able to return to an existing position at some
time in the foreseeable future." ‚Jensen v. Wells Fargo
Bank (2000) 85 CA4th 245, 263.
"Reasonable accommodation does not require the employer to wait indefinitely for an employee's medical condition to be corrected." ‚Hanson v. Lucky Stores, Inc.(1999) 74 CA4th 215, 226-227.
Even if an employee can only provide an approximate date of return to work, that does not provide an employer with a sure-fire defense. The U.S. Equal Employment Opportunity Commission (EEOC) states the following about employees who cannot predict when they will return to work:
"Treatment and recuperation do not always permit exact timetables. Thus, an employer cannot claim undue hardship solely because an employee can provide only an approximate date of return. In such situations, or in situations in which a return date must be postponed because of unforeseen medical developments, employees should stay in regular communication with their employers to inform them of their progress and discuss, if necessary, the need for continued leave beyond what might have been granted originally."
Even if the employee cannot provide a fixed date of return, the employer still must prove that leave would be an undue hardship. Showing undue hardship may be difficult in many circumstances. A complete discussion of undue hardship is beyond this web page, but a good source is the EEOC's -
Enforcement Guidance:
Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act.
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