Considerations In Granting A Leave Of Absence

In granting leave as a reasonable accommodation, an employer would be obligated to hold open the employee's job, unless doing so would impose an undue hardship. Also, according to the EEOC, if an employer is not in a position to hold open a job during the entire leave period without incurring an undue hardship, the employer must consider whether it has a vacant, equivalent position for which the employee may be qualified and to which the employee could be reassigned to continue the leave for a specific period of time and, then, at the conclusion of the leave, return to the new position.