New EEOC document addresses accommodation issues related to leave and disability
Posted May 12, 2016
The U.S. Equal Employment Opportunity Commission (EEOC) issued a new resource document that addresses the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act of 1990 (ADA). The document is titled Employer-Provided Leave and the Americans with Disabilities Act.
According to the EEOC, disability charges filed with the agency reached a new high in fiscal year 2015, increasing over 6 percent from the previous year. The ADA requires employers to provide reasonable accommodations that allow people with disabilities to perform the essential functions of their jobs, unless they would pose an undue hardship for the employer.
EEOC regulations provide that reasonable accommodations may include leave, potentially including unpaid leave that exceeds a company's normal leave allowances.
This resource is intended to help educate employers and employees about workplace leave under the ADA to prevent discriminatory denials of leave from occurring. The document creates no new agency policy, but it is one in a series of EEOC Resource Documents that explains how existing EEOC policies and guidance apply to specific situations. Additionally, the document:
- Responds to common questions employers and employees have raised about leave requests that concern an employee’s disability.
- Consolidates existing guidance on ADA and leave into one place, addressing issues that arise frequently regarding leave as a reasonable accommodation, including the interactive process, maximum leave policies, “100 percent healed” policies, and reassignment.
- Provides numerous examples that illustrate existing legal requirements and obligations for both employees and employers.
J. J. Keller's ADA Essentials Manual reviews Americans with Disabilities Act (ADA) guidelines and provides plain-English explanations to help you stay in compliance.
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