Worker Leave As An ADA Accommodation

The Equal Employment Opportunity Commission has released a 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 creates no new agency policy,” the EEOC explained in a press release. “It 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.” The document, dated May 9, explains why in many instances unpaid leave will be a “reasonable accommodation” and must be allowed, unless it would constitute an undue hardship on the employer. It provides numerous examples of hypothetical borderline scenarios that are revealing, and that some employers may find troubling.