EEOC Guidance on Leave as a Reasonable Accommodation

In the last few years, the EEOC has emphasized that leave can be a reasonable accommodation under the ADA. In an effort to help employers and employees understand how the ADA operates to provide leave as a reasonable accommodation, the EEOC just issued a document that: “seeks to provide general information to employers and employees regarding when and how leave must be granted for reasons related to an employee’s disability in order to promote voluntary compliance with the ADA.”  The document has lots of helpful examples of common scenarios where this issue comes up, and addresses employer leave policies including return to work policies that require employees to be “100% healed” before returning to work.

The document is here: https://www.eeoc.gov/eeoc/publications/ada-leave.cfm

 

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