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Tenth Circuit Says a Leave of Absence of More Than Six Months Is Virtually Never a Required Accommodation
Littler Link to more items from this source
June 8, 2014
"Essentially, the court's logic boils down to this: step one is to determine whether the length of the leave request is reasonable. If it is not, proceed no further. If it is reasonable, then engage in a dialogue about whether other options are available, or whether other options might shorten the needed leave of absence. To support this analysis, the court cited to a later provision in the [EEOC's] Enforcement Guidance, which states 'six months is beyond a reasonable amount of time' to retain an employee in the hopes that a job which she or he can perform will become available." [Hwang v. Kansas State Univ., No. 13-3070 (10th Cir. May 29, 2014)]

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