Navigating Open-Ended Employee Leave Requests

Employers regularly face legal challenges, many of which their employees create.  Leave can be especially problematic for both employees and employers.  Perhaps what causes employers the most tension is an unlimited leave of absence request.
 
Leave Generally
 
Federal or California law may require employers to provide paid or unpaid leaves of absence depending on the leave’s circumstances and the employer’s policies.  Common types of leave, which may be subject to exceptions and restrictions,¹ recognized in California include:
 
1. Paid Sick Leave: Leave an employee may take for qualifying events that include diagnosis, preventive care, or treatment for the employee or the employee’s family member.
2. Family Leave: Leave an employee can take for the birth, adoption, or foster care placement of a child.  Parental leave may be paid or unpaid depending on the employer’s policies.
3. Medical Leave: Leave an employee may take to address an employee’s or employee’s family member’s health conditions.
4. Military and Military Spouse Leave: Leave, which is generally unpaid, an employee can take if the employee or employee’s spouse is called in to serve in the military.
5. Pregnancy Related Leave: Leave that may be available to employees who are disabled due to pregnancy, childbirth, or a related medical condition.
6. Disability Leave: Leave an employee may take if necessary to reasonably accommodate a workplace injury or a qualifying disability.
7. Jury Duty Leave: Leave to allow employees to fulfill jury duty obligations.
8. Bereavement Leave: Leave that permits an employee to grief a death or attend a funeral, usually of a loved one or family member.
 
Leave as a Reasonable Accommodation
 
Under California’s Fair Employment and Housing Act (“FEHA”), a leave of absence may be a reasonable accommodation for an employee with, for example, a disability managing a health condition.²  For employees subject to FEHA, after an employee with a disability or medical condition requests a reasonable accommodation, FEHA requires an employer to engage in a good faith, interactive process with the employee to determine an effective reasonable accommodation(s).  When medical leave is a reasonable accommodation, the law does not require the employer to provide an employee with an indefinite leave of absence.³ See Cal. Code Regs. tit. 2, § 11068, subd. (c). 
 
Notably, several California courts have reiterated that “FEHA does not require the employer to provide an indefinite leave of absence to await possible future vacancies.” (Nealy v. City of Santa Monica (2015) 234 Cal.App.4th 359, 377–78; Hanson v. Lucky Stores, Inc. (1999) 74 Cal.App.4th 220, 226–27 (“Reasonable accommodation does not require the employer to wait indefinitely for an employee’s medical condition to be corrected.”).)  In a recent unpublished California Court of Appeal opinion, the court held that the employer was entitled to judgment as a matter of law on the plaintiff’s failure to accommodate and engage in the interactive process claims. The court analyzed whether a juror could find that the employer did not reasonably accommodate or engage in the interactive process with the employee.  After analyzing medical leave—specifically indefinite leave requests—the court considered the following facts in reaching its ruling (1) the employee made numerous “indefinite leave” requests; (2) the employee’s physician continued to certify the employee was unable to work; (3) the employer had evidence to show no other positions were available for which the employee was qualified; (4) the employee never responded when asked to identify accommodations to assist the employee’s return to work; and (5) the employee advised that he was not requesting accommodations but rather seeking “continuous leave.” (Manos v. J Paul Getty Tr. (Cal. Ct. App. Feb. 21, 2025, B322283).) These are only factors the court considered in the referenced case and by no means represent required conduct from an employer.  Nonetheless, these facts are instructive on how courts interpret and consider reasonable accommodation and interactive process issues.
 
Employer Considerations
 
Employers implementing leave policies should ensure that their policies comply with federal and California law.  An employer may wish to seek legal counsel to ensure that its current policies are lawful and that it maintains the requisite leave policies for its size.
 
When faced with an employee requesting indefinite leave as a reasonable accommodation, an employer should not outright deny the request. Rather, the employer should make sure it complies with federal and California law by engaging in the interactive process with the employee, documenting the process along the way.  Employers may also want to seek guidance from legal counsel to assess risks, troubleshoot reasonable accommodations, and seek advice on working through the interactive process.