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)