Managing employee medical leaves can be one of the most confusing challenges for California employers. You want to support your team, but what happens when the time off just keeps getting extended, with no clear return date?

The good news: California law does not require you to grant indefinite leave as a reasonable accommodation. A recent Court of Appeal decision, Manos v. J. Paul Getty Trust, reinforces this important principle under the Fair Employment and Housing Act (FEHA).

What the Law Requires

When employees exhaust protected leave under the FMLA, CFRA, or other laws, employers still need to consider whether the ADA or FEHA require additional accommodations. Sometimes that means more unpaid leave—but only if there’s a real expectation that the time off will help the employee return to work.

The law is clear:

• Leave may be a reasonable accommodation if it’s likely to allow the employee to come back and perform the essential functions of their position.
• Employers are not required to provide open-ended or indefinite leave.
• What’s “reasonable” depends on your company’s size, resources, and operations.

Okay.  So, how does this work in the world?

What Happened in the Manos Case?

George Manos, an HVAC technician, broke his leg and initially asked for medical leave. His employer, the Getty Trust, approved it—and even granted additional unpaid time off as an accommodation.

The problem? Manos kept asking for more leave, often with no definite return date. At one point, his doctor estimated it could take 12–18 months before he could possibly work again. Manos also declined to request any accommodations other than continuous time off.

After more than a year, the Getty concluded Manos would not be able to return in the near future and ended his employment. Manos then sued—but the courts sided with the Getty. Both the trial court and the Court of Appeal held that indefinite leave is not required under FEHA.

Why the Manos Case Matters for Employers

The court’s decision in Manos is a helpful reminder that:

• You don’t have to hold a job open forever. Indefinite leave isn’t required.
• Each request should be evaluated carefully. Repeated extensions don’t automatically equal “indefinite,” but if there’s no foreseeable return, you may have the right to end the leave.
• Always engage in the interactive process. Document your conversations, explore alternatives, and show you made good-faith efforts.

Final Thoughts

Extended leave requests are tricky, and the line between “reasonable” and “indefinite” isn’t always clear. When in doubt, consult with employment counsel and ensure your documentation tells the full story of your efforts to accommodate.

Want to go deeper on how to handle these kinds of situations? Join us on September 10 and September 17 for our annual online intensive workshop, “Effectively Managing Leaves of Absence and Reasonable Accommodations: Intensive Workshop (Advanced Topics).”  We’ll cover leave management, reasonable accommodations, the interactive process, and practical strategies for compliance. You can register here. 

About Shaw Law Group 

At Shaw Law Group, we do more than practice employment law—we partner with employers to build compliant, respectful, and productive workplaces. From day-to-day advice and counsel to impartial workplace investigations, proactive HR audits, dynamic training programs, and sensitive pre-litigation matters, our experienced team helps clients stay ahead of the curve—and out of court.