California Court Addresses Extended Leave Requests

A difficult issue, that employers often face, occurs when an employee has exhausted all protected leave time (such as CFRA/FMLA), and then requests an extension of unpaid leave as an ADA/FEHA reasonable accommodation. Medical leave can qualify as a reasonable accommodation if it enables an employee to recover and return to work. However, it can be frustrating to navigate when the employee requests multiple extensions with no clear end date in sight. Employers will call and ask us if they have to allow a leave to continue indefinitely.

Good News for California Employers!

The 2025 case, George Manos v. J. Paul Getty Trust, reaffirms that employers are not obligated to provide “indefinite leave” as a reasonable accommodation. And, this case also highlights the importance of good faith efforts by the employer to engage in the interactive process.

Facts of the Case

An HVAC technician at the Getty, George Manos, fell off of a ladder while working and fractured his leg in June 2019. Manos’ doctor first estimated he would be able to return to work in November 2019. However, over the course of almost a year, Manos requested multiple leave extensions:

• Manos first exhausted his 12 weeks of family and medical leave and continued to be off work through November.
• Manos then submitted extended leave requests to return in January 2020, and then again in April 2020.
• By April 2020, Manos submitted his fourth request for “indefinite” medical leave, estimating return in July 2020.
• Getty reached out to Manos to engage in the interactive process and requested he complete an “Interactive Process Questionnaire” regarding whether any reasonable accommodations would allow him to return to work. Manos responded that he was not requesting any accommodations “at this time,” checked a box for “continuous leave,” and stated his return to work date was “unknown.”

Getty made the decision to terminate Manos’ employment. Manos sued, claiming that Getty failed to engage in the interactive process and reasonably accommodate Manos.

Court Findings

The Court of Appeal found in favor of the employer, Getty, highlighting the following:

• The only accommodation Manos requested following his workplace accident was medical leave “which the Getty repeatedly granted—ultimately for about a year.”
• Three of the four leave requests were for “indefinite” leave, including the fourth and final request.
• When Manos completed the questionnaire, he did not request any other accommodations. Instead, he indicated he could not return to work and requested only “continuous leave.”

Takeaways for Employers

While employers are not obligated to provide “indefinite leave,” there is no bright-line rule regarding the duration of a reasonable accommodation leave. In this case, the employer was able to demonstrate good faith efforts in granting three leave requests. The employer reached out to engage in the interactive process and explore other reasonable accommodations that would allow Manos to return to work.

The Manos case provides employers a good framework on what to do when dealing with multiple leave requests. However, given the gray area in the law, it is always best to consult legal counsel before ending employment in these situations, to ensure you have satisfied all requirements under the ADA/FEHA and other laws.

For more information on reasonable accommodation requirements, CEA members may refer to our Reasonable Accommodations Toolkit page.