SEPTEMBER 2025  21 
NOT a Reasonable Accommodation
that the STD policy “provides a 
money benefit, but it is separate from 
job-protected leave.” HR added that 
“a directive not to contact you is not 
acceptable.” Coffman responded 
saying she had surgery scheduled in 
August, and possibly another one in 
October which would be followed 
by a four-to-six week recovery time. 
Nexstar terminated the employee 
(after she was out of work for six 
months), finding that it could no 
longer hold the position open for an 
indefinite period of time.
	
Coffman sued Nexstar under 
state law, alleging failure to accom­
modate, disability discrimination, 
and retaliation under the WVHRA 
and the FMLA. The district court 
granted summary judgment in Nex­
star’s favor and the Fourth Circuit 
affirmed, concluding that Coffman’s 
request for additional leave amount­
ed to an indefinite leave request. 
	
Applying Americans with 
Disabilities Act (ADA) standards, 
the court found that while the 
law requires employers to provide 
reasonable accommodations, it does 
not require them to hold a position 
open for an open-ended or uncertain 
return date: “Nothing in the text of 
the reasonable accommodation pro­
vision requires an employer to wait 
an indefinite period for an accommo­
dation to achieve its intended effect. 
Rather, reasonable accommodation is 
by its terms most logically construed 
as that which presently, or in the im­
mediate future, enables the employee 
to perform the essential functions of 
the job in question.”
KEY TAKEAWAYS FOR EMPLOYERS
•	 Indefinite leave is not required | While the ADA and 
most states require employers to provide leave as a reasonable 
accommodation, the obligation does not extend to holding a 
position open for an unknown or open-ended return date.
•	 Follow up regularly during leave | Maintain periodic contact 
with employees on extended leave to confirm their anticipated 
return date. Document all communications so there is a clear 
record of the employer’s efforts to engage in the interactive process 
and plan operational needs.
•	 Document the interactive process | Even if an 
accommodation request ultimately cannot be granted, employers 
should clearly document communications, requests, and efforts to 
explore alternatives.
•	 Consider operational impact | Courts recognize that certain 
positions may require continuous coverage, and prolonged 
absences without a firm return date may create undue hardship.
•	 Separate benefits from legal obligations | Some employees 
mistakenly believe that short-term disability benefits are the 
equivalent of job-protected leave, when in reality, they are just wage 
replacement and don’t extend ADA or FMLA leave. Providing 
additional paid or unpaid leave beyond the law’s requirements is 
discretionary; employers should be consistent in applying policies 
to avoid discrimination claims.
•	 Employees can’t avoid HR by directing employers to 
“talk to their lawyer” | Employers always have the right to 
communicate directly with their employees, and this is especially 
true when employers have a duty to engage in the interactive 
process about potential reasonable accommodations.
•	 Always consider relevant state and local laws | As always, 
your mileage may vary depending upon the state and local laws 
in play. Always consult with experienced HR and/or legal counsel 
when making determinations about accommodation requests.

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