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EEOC Provides Resource Document Addressing Leave as a Reasonable Accommodation under the ADA
The federal Equal Employment Opportunity Commission (EEOC) recently made available a resource document which provides clarification into the rights of employees with disabilities who seek leave as a reasonable accommodation under the federal American with Disabilities Act (ADA).
To address what exactly is meant by, "reasonable accommodation," it is the employer's ability to deviate from existing policies in order to provide a way for an employee with a disability to maintain their employment. Such accommodation is considered "reasonable" if it does not pose an "undue hardship" upon the employer.
In our review of the EEOC's resource document, the EEOC illustrates some good examples to help employers better understand what is meant by "reasonable accommodation," "undue hardship," an employee's "return to work," granting leave as a reasonable accommodation to a disabled worker, and leave and the interactive process.
The resource document also provide additional guidance, such as tips for communicating with employees, which is commonly referred to as the "interactive process;" a process that enables an employee to obtain necessary information from their employer to determine the feasibility of providing leave as a reasonable accommodation without causing undue hardship.
In closing, unless an undue hardship exists, employers must provide leave to an employee who requires it as a reasonable accommodation. Knowing if an undue hardship exists is not easy thing to determine and is subject to facts applicable to each workplace. It is recommended appropriate legal counsel be consulted when making these decisions.
https://www.eeoc.gov/eeoc/publications/upload/ada-leave.pdf
https://www.eeoc.gov/eeoc/newsroom/release/5-9-16.cfm