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When to use leave as an accommodation for disabled workers

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in Discrimination and Harassment,Human Resources

The U.S. Department of Labor-sponsored Job Accommodation Network (JAN) has published new guidance on using leave as an accommodation under the ADA.

The publication, Leave as an Accommodation, is part of JAN’s Accommodation and Compliance Series.

THE LAW: The ADA requires employ-ers to provide reasonable accommodations to qualified disabled employees or applicants unless doing so would pose undue hardship on the employer.

Sometimes the best accommodation is providing the employee with leave.

Some leave may fall under the FMLA, which entitles certain employees to up to 12 weeks of unpaid leave to recover from a serious health condition.

HOW TO COMPLY: Employers are sometimes confused about when to grant leave as an accommodation.

The goal of leave is “to provide job-protected time in order to enable a qualified employee with a disability to manage his or her medical impairment and ultimately remain in the workforce.” Examples ...(register to read more)

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