Disabled employees who need time off to deal with a disability and who don’t have, sick or vacation leave may still be entitled to more time off. That’s because the ADA allows employees to take additional time off as a reasonable accommodation.
Be sure your employee handbook accounts for this possibility.
For example, you could specify that employees may request unpaid leave once they have exhausted other options in certain increments like 30 days. You can add that employees who don’t return after a 30-day leave is up will be considered as having abandoned their positions (consistent with a separate policy setting job abandonment rules). That puts the burden on the employee to seek out a longer leave as a reasonable accommodation or risk losing his or her position.
Recent case: Dillard, a truck driver, had been with Swift Transportation just a short time when he requested time off for “emotional distress.” His docto...(register to read more)
- Think employee is committing leave fraud? Feel free to discipline--and document why
- Keeping your customers after your employees go to a competitor
- Paying staff for volunteer work = lower absenteeism
- OK to consider intangible qualities when choosing applicants
- Don't count on second opinion as an excuse to reject FMLA leave