The EEOC has held that an employer must consider leave as a request for an accommodation and should therefore engage in the interactive process to determine if additional leave will pose an undue hardship to the company. Courts are somewhat split on this issue but an across the board denial of additional leave certainly raises Significant concerns.
Serving clients throughout New York State
PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *
What's unclear from your question is whether you are now, or will be in the near term, physically or mentally capable to return to work. If the answer is "no" (either now or at some point in the near future), you can be lawfully terminated as you are not qualified for your position (since you cannot perform the job).