Leave as a Reasonable Accommodation Under the ADA
Complying with the myriad of laws affecting medical leave continues to be a significant and growing challenge for employers. Making the decision whether and when to terminate an employee on medical leave is perhaps the most challenging, and carries significant risk. The EEOC’s recent challenges to “inflexible” leave policies--which resulted in a “record-setting” $6.2 million dollar settlement—heightens the risk for employers trying to manage this challenge through “leave limits” policies.
The “law” or “lore” requiring employers to accommodate employees by excusing absence has reshaped employer attendance and productivity expectations. Some say the law, as interpreted by the Equal Employment Opportunity Commission, goes too far and creates an elusive and unworkable standard for managing employee attendance and productivity.
To put “law” and “lore” in perspective when analyzing and making these accommodation decisions, we are preparing a two part Special Report on excusing absence as a reasonable accommodation under the ADA. Part 1 deals with “blocks of leave.” Part 2 will deal with the unpredictable “day here, day there” absences. Part 2 will be sent automatically to all of our blog subscribers.
We look forward to your comments on Part 1. Please feel free to send them along.
