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 youraccounts 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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Weigh ADA, FMLA when considering return to work following disability leave
- It's up to you to ensure employees know how much FMLA leave they have left
- Can we require scheduling FMLA-covered medical appointments to suit our needs?
- Shopping for FMLA certification doesn't justify failing to call in absence