b'Extended, Indefinite Leave Request Is UsuallyNOT a Reasonable Accommodationthat the STD policy provides a money benefit, but it is separate from job-protected leave. HR added thatKEY TAKEAWAYS FOR EMPLOYERSa directive not to contact you is notIndefinite leave is not required |While the ADA and acceptable. Coffman respondedmost states require employers to provide leave as a reasonable saying she had surgery scheduled inaccommodation, the obligation does not extend to holding a August, and possibly another one inposition open for an unknown or open-ended return date.October which would be followed by a four-to-six week recovery time.Follow up regularly during leave |Maintain periodic contact Nexstar terminated the employeewith employees on extended leave to confirm their anticipated (after she was out of work for sixreturn date. Document all communications so there is a clear months), finding that it could norecord of the employers efforts to engage in the interactive process longer hold the position open for anand plan operational needs.indefinite period of time.Coffman sued Nexstar underDocument the interactive process |Even if an state law, alleging failure to accom- accommodation request ultimately cannot be granted, employers modate, disability discrimination,should clearly document communications, requests, and efforts to and retaliation under the WVHRAexplore alternatives.and the FMLA. The district courtConsider operational impact |Courts recognize that certain granted summary judgment in Nex- positions may require continuous coverage, and prolonged stars favor and the Fourth Circuitabsences without a firm return date may create undue hardship.affirmed, concluding that Coffmans request for additional leave amount- Separate benefits from legal obligations |Some employees ed to an indefinite leave request.mistakenly believe that short-term disability benefits are the Applying Americans withequivalent of job-protected leave, when in reality, they are just wage Disabilities Act (ADA) standards,replacement and dont extend ADA or FMLA leave. Providing the court found that while theadditional paid or unpaid leave beyond the laws requirements is law requires employers to providediscretionary; employers should be consistent in applying policies reasonable accommodations, it doesto avoid discrimination claims.not require them to hold a position open for an open-ended or uncertainEmployees cant avoid HR by directing employers to return date: Nothing in the text oftalk to their lawyer |Employers always have the right to the reasonable accommodation pro- communicate directly with their employees, and this is especially vision requires an employer to waittrue when employers have a duty to engage in the interactive an indefinite period for an accommo- process about potential reasonable accommodations.dation to achieve its intended effect.Always consider relevant state and local laws |As always, Rather, reasonable accommodation isyour mileage may vary depending upon the state and local laws by its terms most logically construedin play. Always consult with experienced HR and/or legal counsel as that which presently, or in the im- when making determinations about accommodation requests.mediate future, enables the employee to perform the essential functions of the job in question.SEPTEMBER 202521'