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No. Leave does not have to be for a certain amount of time. You really look at, what does the employee need? What does the doctor say the employee needs? And what, as an employer, can we accommodate? So, an employee’s doctor may say that they won’t be back for a year. The employer may be a very small employer that does not have a lot of other employees to take the position, and that employer may say, you know what, we can’t give you a year off to come back. Whereas, a much larger employer may be able to do that because they’ve got more people who can fill in. So there really is no amount of time that’s set by the law.
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Minneapolis employment law attorney Sara Gullickson McGrane discusses leave requirements of the ADA.