No, there’s no time limit. The issue isn’t so much about time but whether: a. the employee’s contract has been “frustrated”; and b. she’s acting in good faith.
Frustration: The COVID delays may not be enough to constitute frustration to the extent that the employee can always wait. However, if it’s true that she’s inoperable because of her weight and health, then you have a far more compelling case for frustration. Or, to put it in human rights terms, holding a position open for a disabled employee who has no reasonable prospects of returning to work constitutes undue hardship, ending your duty to make reasonable accommodations.
Bad Faith: Anything you can do to document your suggestion that the employee is seeking to hold the company up for a big settlement will bolster your case. One problem is that accounts of third persons about what the employee allegedly said may constitute what’s called “hearsay evidence” that you can’t use at trial.
Bottom Line: You need to talk to a lawyer who can provide legal counsel. PLEASE recognize that the above is just a personal opinion and that I’m neither qualified nor allowed to offer the legal counsel you need. But I do hope this helps and apologize for keeping you waiting so long. Glenn
