From an item in Lawyer's Weekly USA, March 22, 1999, on new guidelines issued by the Equal Opportunity Employment Commission seeking to clarify the concept of "Reasonable Accommodation" under the Americans with Disabilities Act:

The Guidance says that unpaid leave may be a reasonable accommodation after paid leave has been exhausted. This means that employers may need to provide indefinite leave to an employee, as long as this isn't an "undue hardship." This is true even if the employer already has a generous unpaid leave policy.

[National Employment Law Institute Director of ADA Training David] Fram says that the Guidance conflicts with circuit opinions on the indefinite leave issue.

The result is that it will be more difficult for employers to apply their leave policies, says Minneapolis defense attorney Christopher Bell, one of the principal drafters of the ADA.

"How does an employer apply a policy with a limit if the EEOC says that wherever you draw the line, the ADA means more?" he asks.

He suggests that lawyers advise their clients to reduce the amount of leave that's available in the first place, because "if you have a generous floor, the ceiling is going to be higher."

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