According to the EEOC, leave may be a reasonable accommodation. If you fire disabled employees without at least considering time off as an accommodation, you might be sued.
Recent case: The EEOC sued Princeton Healthcare over its policy of terminating all employees who don’t return to work promptly after using upor other leave.
The commission recently won a preliminary battle when a federal judge ordered Princeton to turn over extensive records on employees who were fired after exhausting their leave. Now it must turn over six years worth of documents showing who requested leave, whether any of the employees were disabled, whether any of them requested additional leave as a reasonable accommodation and whether leave was denied or granted.
Princeton unsuccessfully argued providing the information was too burdensome. (EEOC v. Princeton Healthcare, No. 10-4126, DC NJ, 2011)
- The easy way to stop most bias lawsuits: Enforce all rules evenhandedly
- Firing new mother? Better have a good reason
- Get workers back fast from FMLA leave: Run FMLA concurrently with other leave
- Carefully document every rule violation to defend against surprise claims
- Small subsidiary isn't subject to FMLA if separate from parent