The EEOC, maximum leave policies and the new ADA amendments

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in Employment Law,Human Resources

The EEOC is getting serious about helping disabled Americans. In early June, the agency held a public meeting on the use of leave as a reasonable accommodation. That move came just two weeks after the agency put its new ADA Amendments Act (ADAAA) regulations into effect.

EEOC’s view: No leave limits

At the June meeting, opinions differed sharply on whether an employer can satisfy its ADA obligations by implementing a neutral leave-of-absence policy that caps a maximum allowable leave. Examples might be:

  • “Employees who do not return to work following a maximum of six months of leave will be presumed to have resigned.”
  • “Employees will be entitled to a maximum of six months of unpaid medical leave in appropriate circumstances, and thereafter the company cannot hold the employee’s position open or guarantee a position to which the employee can return.”

John Hendrickson, the EEOC attor­ney who litigated the high-profile EEOC v....(register to read more)

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