Clemson, SC asked in Employment Law for South Carolina

Q: My husband is currently on a medical leave of absence for a mental health problem and the company is saying

That they can only allow him to be off work for a certain amount of time due to this disability despite what the doctor wrote and how long the doctor needs him out of work for, is this considered a violation of the ADA?

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1 Lawyer Answer

A: The ADA entitles disabled employees to request reasonable accommodations for their disabilities, including leaves of absences to treat the symptoms of their disability. However, an accommodation request must be reasonable, and employers need not accept an accommodation request if they can prove it would impose an undue hardship on the business. In situations where the accommodation requested is a leave of absence, employers are not required to allow employees to remain on leave indefinitely, so if the issue is the length of time your husband is requesting to be out for, he should explain this issue to his doctor and see if there are any other accommodation requests he can suggest instead of an extended period of leave.

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