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)
- What is the employee's responsibility to notify us she needs FMLA leave?
- Rule against document removal supports legit business need
- Firing can't masquerade as a one-person rif
- When federal compliance and N.C. law collide: Violating FMLA doesn't end at-will employment
- Asking worker to stay can counter constructive discharge