To date, there are few bright line rules to guide employers in determining how much leave is reasonable under the Americans with Disabilities Act (ADA). Further, employers sometimes mistakenly assume that if an employee has exhausted Family Medical Leave Act (FMLA) leave, then the employee is not entitled to additional leave under the ADA. However, even if the employee’s leave is no longer covered by the FMLA (or was not covered in the first place), the employee may still have rights for additional leave. The conundrum for employers is to properly manage employee leave, while balancing attendance and productivity expectations. While it is difficult to derive simple rules regarding leave as an accommodation, one theme resounds—an individualized assessment in each case is critical. Read on for recommendations and general principles for employers to best manage an employee’s request for leave as a reasonable accommodation.
You can read the full post, view and subscribe to the blog by going to: www.hrlegalist.com.