Whenever a court holds that coming to work is an essential function of an on-site job, it is worthy noting given what seems to be frequent challenges to this common sense principle. In Mecca v. Florida Health Services Center, Inc. (M.D. FL, February 3, 2014). the court held that coming to work is an
regular and predictable attendance
EEOC Does Not Issue ADA Attendance Guidance, Yet Again
By Jackson Lewis P.C. on
Posted in ADA
The extent of an employer’s obligation to extend leave and excuse absences as a reasonable accommodation under the ADA is perhaps the most vexing ADA issue for employers. In June 2011, the EEOC held a public hearing on leave as a reasonable accommodation, and suggested it might issue guidance on the topic in 2011. When…
Excusing Absences as a Reasonable Accommodation–Part 2
By Jackson Lewis P.C. on
Posted in ADA
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.
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