Less than one month after the Tenth Circuit Court of Appeals held that an employer policy that limits the amount of leave time any employee may take was fair, lawful and protects disabled employees, an employer sued by the EEOC for having such a policy has agreed to pay $1.35 million and “undertake significant remedial
leave limits
Court Issues Leave Limits Guidance: Will Employee Be Able to Perform Essential Functions on an Estimated Date Within 6 Months?
By Jackson Lewis P.C. on
Posted in ADA
The question frustrating employers for decades remains: how much leave, beyond FMLA and employer policies, must an employer give a disabled employee as a reasonable accommodation under the ADA? More than a year after the EEOC hosted a public hearing on this topic, raising hopes that guidance may be forthcoming, only to have those hopes dampened…
EEOC Continues Its Attack on “Inflexible” Leave Policies
By Jackson Lewis P.C. on
The EEOC’s challenge to “inflexible” leave policies continued this week, as the agency announced that it had sued Princeton HealthCare System for failing to reasonably accommodate employees who needed medical leave. According to the EEOC press release, Princeton HealthCare "fires employees" who are not qualified for FMLA leave and refuses to grant leave…