In Wilson v. Dollar General Corp., the U.S. District Court for the W.D. Virginia dismissed a disabled employee's Americans with Disabilities Act (ADA) lawsuit, ruling that the employee's request for an indefinite leave of absence to recover from a debilitating eye condition was unreasonable.
The court found that the employer was not required to wait indefinitely for the employee's medical condition to improve. Rather, the employee was required to establish that his requested accommodation would have allowed him to perform the essential functions of his job within a reasonable time, which he failed to do. The employee offered no indication or assurance that additional leave would enable him to return to work within a reasonable time.
The court's approach is consistent with EEOC guidelines. The EEOC has stated that employers "have no obligation to provide leave of indefinite duration," because "granting indefinite leave, like frequent and unpredictable requests for leave, can impose an undue hardship on an employer's operations." EEOC Fact Sheet "Applying Performance and Conduct Standards to Employees with Disabilities" (2008) at Question 21. However, the EEOC has also stated that if an employee cannot "provide a fixed date of return," the employer can deny such leave only if it can show undue hardship because of this uncertainty, such as disruption to the operations of the employer. EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship, No. 915.002 (10/17/02) at Question 44.
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