Accommodating Absence: Medical Leave as an ADA Reasonable Accommodation

Authors

Sean P. Mulloy, University of Michigan Law School

Abstract

The Americans with Disabilities Act (ADA) is widely regarded as one of the most significant pieces of civil rights legislation in American history. Among its requirements, Title I of the ADA prohibits employers from discriminating against people with disabilities and requires that employers make reasonable accommodations for qualified individuals. Many questions about the scope of the reasonable-accommodation mandate remain, however, as federal circuit courts disagree over whether extended medical leave may be considered a reasonable accommodation and whether an employee on leave is a qualified individual. This Note argues that courts should presume finite unpaid medical leaves of absence are a reasonable accommodation under certain circumstances and shift the focus of judicial inquiry to the employer’s burden of showing undue hardship. Creating a presumption for medical leave is consistent with the text and purpose of the ADA, aligns with Supreme Court case law, and serves as a better framework for balancing competing policy concerns compared to existing approaches.

Recommended Citation

Sean P. Mulloy, Accommodating Absence: Medical Leave as an ADA Reasonable Accommodation, 118 Mich. L. Rev. 1629 (2020).
Available at: https://repository.law.umich.edu/mlr/vol118/iss8/5