New York City Human Rights Law and Leaves of Absence

It has long been the established law under the Americans with Disabilities Act (“ADA”) and the New York State Human Rights Law that a request for a leave of absence of indefinite duration is per se unreasonable. We have heretofore advised employers that if an employee has been out on a medical leave for several months and is unable to provide a definite return to work date, the employee may be terminated.