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Thursday, May 7, 2026

Lessons In Leave: 5 Potential Pitfalls Surrounding Sabbaticals ... - Mondaq News Alerts

Employers are increasingly offering periods of leave as a benefit for employees to combat burnout and retain high-quality workers. Employees are also asking for leave more frequently.

Supporting these trends, on January 17, 2023, AbsenceSoft released its "2023 Employee Leave of Absence Forecast Survey" of 600 corporate and human resource leaders to learn about the current state and future of leave management at their organizations.

More than a quarter of the survey respondents reported that they expected employee leave requests to increase by 41–60 percent in 2023, including for reasons related to burnout and mental wellness. Additionally, 23 percent of respondents indicated they had added or were considering the addition of company-sanctioned sabbaticals.

Companies enjoy a wide range of flexibility to craft a sabbatical benefit that serves the company and its employees' best interests. However, while a sabbatical benefit can provide an attractive advantage for an employer in the ongoing battle for top talent, it does not come without potential legal pitfalls.

1. Effects on Requests for Leave as an Accommodation to a Disability

A sabbatical benefit may affect the separate issue of whether an extended period of leave is a reasonable accommodation that an employer must provide to an individual with a disability.

Under the Americans with Disabilities Act (ADA), leave may be a form of reasonable accommodation that an employer must provide to an individual with a disability if...



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