The Americans with Disabilities Act (ADA) says employees with disabilities must be given reasonable accommodations. These are changes to your workplace, how you do your job, or your employer’s rules that help you, as a person with a disability.

Examples include changing work hours, letting you bring your service animal to work, giving you technology like an iPad to help you do your job, or having sign language interpreters at meetings.

Many courts and the Equal Employment Opportunity Commission (EEOC), the federal agency in charge of carrying out the ADA, have said that “a leave” or taking time off of work can be a reasonable accommodation.

Leave can be taken all at once (example: in-patient treatment) or once in a while (example: doctor appointments).

Illinois has strict limits on how much leave you can take as a reasonable accommodation. Leave under the ADA can only be about two weeks.

Before you ask to take time off under the ADA find out if you can take time off under your employer’s policies or any other laws.

If you cannot take time off under your employer’s policies or any other laws, you may want to ask for leave as a reasonable accommodation under the ADA.

You may also be able to take time off under your employer’s rules or other laws. Many times, it is better to use these policies/laws than to use the ADA.

Here are some examples:

• Do you have sick, personal, or vacation days that you can use?
• Does your work have extended personal or medical leave?
• Do you live in a city (like Chicago) that has paid sick leave?
• Does your employer have short-term disability (STD) insurance?
• Can you use the Family and Medical Leave Act (FMLA)?

If you are unsure, review your Employee Handbook or a copy of your STD policy.

No. Employers must let you ask for time off like everyone else. Many employers offer leave as an employee benefit. Many employers also offer short-term disability (STD) and long-term disability (LTD).

If you ask for leave because of your disability but use your employer’s leave policy, your employer must treat your request the same as any other non-disability related leave request. Your employer can require that all employees provide a form or document explaining why they need leave.

You can ask for a short leave extension as a reasonable accommodation under the ADA.

You might want to ask for time off as a reasonable accommodation under the ADA. See below.

Think about if there are other things that would help you go back to work sooner. See Equip for Equality’s Fact Sheet on “Requesting Reasonable Accommodations” to learn more.

If there is another accommodation that would work just as well for you, think about asking for that instead of time off.

Example: Instead of taking time off, could you work from home or work part-time? What if your employer bought new equipment for you to use at work? Can your employer ask someone else to do the tasks you normally do that are not as important as your other tasks?

If there is another accommodation that would work, but you prefer to ask for time off, it is very important to say: “If you cannot grant my request for leave, I am asking to engage in the interactive process to discuss other ideas I have for reasonable accommodations.”

Example: You ask your employer for four weeks of leave to get used to new medications that make you tired. When you make the request, you ask to engage in the interactive process if the request for time off is denied. If your employer denies your request, at that point, you can talk about other options, including working a flexible schedule so you can work when you are not tired, even if that means starting work later or working on the weekends.

Tell your supervisor(s) or human resources department that you need to take time off because of your disability. You can ask whoever you feel more comfortable with.

Make your request in writing and use the phrase: “I am requesting a reasonable accommodation under the ADA.” This creates a record of your request and helps your employer know that your request should be taken seriously. If you prefer to talk in person or by phone first, that is fine. Just be sure to follow up in writing.

In your request, say that if your employer cannot take allow you to take time off, then you want to talk about other options. This is called “the interactive process.”

Tip: If you are asking for more than two weeks of leave, and there are other accommodations that would help you to return to work sooner (work from home, part-time, computer, etc.), think about asking for those instead or as other options.

Download this sample letter to help

Your employer may ask you questions about your disability and your request. Most of the time, these types of follow-up questions are okay and are part of the “interactive process.”

Your employer may ask you for a note from your doctor or for your medical records to make sure that you have a disability and need to take time off.

Your employer may ask questions about your disability, how it impacts your ability to work, why you need leave, and if there are other accommodations that could help you.

Even though it may feel frustrating to answer these questions, it is important to answer them. If you do not think your employer’s questions are reasonable, please contact Equip for Equality’s Employment Rights Helpline (1-844-RIGHTS-9), and they can review the questions and help you decide how to respond.

Try to work with your employer to find a solution that will work for them and for you.

See Equip for Equality’s Fact Sheet “Asking for a Reasonable Accommodation” to learn more about the interactive process.

It depends. Your employer has to give you the same benefits as it gives other employees who take leave. Depending on what your employer gives to other employees, it might be able to stop your benefits or may ask you to pay your insurance premium. If you do not know, you should ask for a copy of your benefit plan to review the details.

• EEOC Enforcement Guidance on Employer-Provided Leave and the Americans with Disabilities Act
• Job Accommodation Network: Accommodation and Compliance – Leave