Wyatt Employment Law Report

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EEOC Issues New Resource Document Addressing Employer-Provided Leave and the Americans with Disabilities Act

By Michelle Tolle High

EEOCOn May 9, 2016, the U.S. Equal Employment Opportunity Commission issued a new resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act.  According to the EEOC, the document does not create a new agency policy, but is a resource document explaining how existing EEOC policies and guidance apply to specific situations.  It is intended to consolidate the existing guidance on ADA and leave into one document, and to address issues that frequently arise regarding leave as a reasonable accommodation.  In addition, the document addresses undue hardship issues and the amount or length of leave required, the frequency of leave, the predictability of intermittent leave, and the impact of such leave on an employer’s operations.

The resource document provided by the EEOC indicates that some employers may not know that they have to modify existing policies that limit the amount of leave employees can take when an employee with a disability needs additional leave as a reasonable accommodation.  It also addresses the fact that Continue reading