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    CONSENT DECREES · September 25, 2026

    Medical Leave Is Still a Major ADA Issue

    Recent EEOC matters involved short treatment leave, exhausted paid time off, intermittent chemotherapy leave, attendance points, and employer reliance on outside leave administrators.

    Last reviewed: September 25, 2026

    The EEOC’s 2026 announcements repeatedly describe workers seeking defined treatment leave, intermittent leave, or additional unpaid time after other leave ran out. These matters resolved without trials on the merits, but together they show where disputes are recurring.

    Different leave problems, a common question

    Peak Performers involved an alleged request for several weeks of mental-health treatment. VitalSource involved hospitalization and exhausted paid leave. Butterball involved chemotherapy absences and a third-party administrator. Magnera involved medical paperwork after ordinary paid time off. Geisinger involved broader leave and reassignment practices.

    What employees can document

    A clear record helps counsel evaluate whether the employer understood the request and considered alternatives.

    • The expected leave duration or treatment schedule
    • Requests sent to HR and any outside administrator
    • Portal confirmations, claim numbers, and attendance points
    • Medical information supplied and any further request
    • The stated reason for discipline or termination

    What the resolutions do not establish

    A settlement or consent decree does not decide that every defined leave request is reasonable. Extended or indefinite leave, essential duties, operational hardship, eligibility for other leave, and controlling circuit law can change the analysis.

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