When an employee requests assistance related to a medical condition, many employers instinctively focus on a leave of absence. While leave can be a reasonable accommodation in some circumstances, it is not always the first or best solution. A recent federal appellate decision is an important reminder that employers should engage in a timely, good faith interactive process and consider all reasonably effective accommodations before defaulting to leave. 

In the recent case, Dieng v. Orkin, LLC, the court emphasized that the interactive process is intended to be a collaborative dialogue between the employer and employee to identify effective accommodations. The court noted that employers should evaluate available options, including job restructuring, modified schedules, and reassignment to a vacant position, rather than keep an employee on unpaid leave when other effective accommodations may exist. 

This same practical approach is important for employers responding to disability-related accommodation requests. Employers should not automatically conclude that a medical issue requires time off. Instead, they should use the interactive process to understand the employee’s limitations, identify the essential functions of the job, and evaluate whether a reasonably effective accommodation would allow the employee to continue performing those functions. Depending on the circumstances, potential accommodations may include modified duties, schedule adjustments, workplace modifications, reassignment, or leave. Leave may be appropriate in some situations, but it should generally be considered as one possible accommodation, not the default starting point. 

Keep the following best practices in mind when employees reach out for disability-related assistance: 

• Do not assume leave is the answer. A medical issue does not automatically mean an employee needs or wants time off. Encourage the employee to identify what accommodation may help them continue performing the essential functions of the job. 

• Engage in a timely, good faith interactive process. Listen carefully, ask appropriate questions that do not seek details about the underlying medical condition, and actively work with the employee to identify reasonable and effective accommodation solutions. 

• Consider the full range of accommodation options. Depending on the circumstances, accommodations may include modified schedules, job restructuring, adjustment of workplace policies, reassignment to a vacant position, or leave.  

• Document the process and decisions. Maintain records of communications, accommodations considered, and the reasons supporting any final decision.  

Leave is an important accommodation tool, but it should not be treated as the default solution. Employers that approach accommodation requests with an open mind, consider all reasonably effective options, and engage in a meaningful interactive process are better positioned to support employees while reducing legal risk.