Evaluate Conneen

76 While the EEOC and a minority of courts have focused on extended or indefinite leave as a matter of undue hardship, almost all circuit courts have instead held that indefinite leave is not a reasonable accommodation. Compare Realistic Accommodation, supra note 11, at Question 44 (if an employer is able to show that the lack of a fixed return date causes an undue hardship, then it can deny the leave) and Garcia-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638, 648-50 (1st Cir. 2000) (plaintiff’s request for a two-month extension of leave after 15 months of medical leave could be denied only if employer showed undue hardship) having Timber v. Environmentally friendly, 323 F.3d 1309, 1314 (11th Cir. 2003) (employer’s granting of leave over the years showed that employee’s disability was not improving and thus his repeated requests had become an unreasonable request for indefinite leave and a confirmation that he could not currently, or in the near future, be expected to perform his essential functions); Pickens v. Continue reading →