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 assist our clients and contacts in separating "law" from "lore" when analyzing and making these accommodation decisions, we have prepared a two part Special Report on excusing absence as a reasonable accommodation under the ADA. Part 1, published in May 2010, dealt with "blocks of leave. and can be found here. We recently published Part 2, which deals with the unpredictable "day here, day there" absences. As you will see from the discussion in Part 2, the cases involving unpredictable "day here, day there" absences are more favorable to employers than the "leave limits" cases we discussed in Part 1.
We received many positive comments about Part 1. We look forward to your comments on Part 2.