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Leave as a disability accommodation: Are your policies compliant?

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in Discrimination and Harassment,Employment Law,FMLA Guidelines,HR Management,Human Resources

by Dena B. Calo, Esq.

The EEOC has sued Princeton Hospital, alleging that its leave-of-absence policy violates the federal Americans with Disabilities Act Amendments Act (ADAAA). The hospital requires employees to return to work within seven days after their FMLA leave expires, regardless of whether they are disabled.

The suit alleges that the hospital refused to allow additional leave as an accommodation in violation of the law. If you have a similar policy, you may want to consider revising it now.

According to the FMLA, employees with serious health conditions are entitled to take 12 weeks of unpaid leave, with a guarantee right to return to their jobs. However, when the employee has a health condition that may also be a disability under the ADA, that may not be enough.

Leave as an accommodation?

Under the ADAAA, a person has a disability when a physical or mental impairment substantially limits a major life activity. Th...(register to read more)

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