“Indefinite Reprieve” Is Not a Reasonable Accommodation

September 6th, 2012 by JBWK

Coming on the heels of the EEOC’s insistence that post-FMLA leave can be a reasonable accommodation under the ADA, one federal appeals court has provided some relief for confused employers.

The Tenth Circuit Court of Appeals ruled last week that a post-FMLA “indefinite reprieve” from work is not reasonable. The court ruled that the employee must provide some definitive timeline to return to her essential job functions.

While there still is some wiggle room in how long employers must provide, the court’s rulings makes the analysis a little clearer.

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