On May 9, the Equal Employment Opportunity Commission (EEOC) issued new guidance for employers that addresses the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act of 1990 (ADA). The document, , responds to common questions employers and employees have raised about leave requests that concern an employee鈥檚 disability.
The EEOC explains that the release of the document does not create new agency policy since regulations already provide that reasonable accommodations may include leave, potentially including unpaid leave that exceeds a company鈥檚 normal leave allowances. Instead, the resource is intended to help educate employers and employees about workplace leave under the ADA to prevent discriminatory denials of leave from occurring by consolidating existing guidance on ADA and leave into one place, addressing issues that arise frequently regarding leave as a reasonable accommodation, including the interactive process, maximum leave policies, 鈥100 percent healed鈥 policies, and reassignment.
Employer undue hardship is also addressed, including issues related to the amount and/or length of leave required, the frequency of leave, the predictability of intermittent leave, and the impact on the employer鈥檚 operations and its ability to serve customers and clients in a timely manner.
For more information on the EEOC and the ADA, visit the and 51风流鈥檚 webpage. On the 51风流 website, first login as an 51风流 member to access all resources, then select the primary category 鈥淓EO鈥 and the secondary category 鈥淎mericans with Disabilities鈥 Act.