On May 8, the Equal Employment Opportunity Commission published “Employer-Provided Leave and the Americans with Disabilities Act.” Much of the guidance in that 11-page publication is not new. But it nevertheless should be useful to employers because of its expanded discussion of whether additional leave must be provided to an employee who already has exhausted other available leaves but still cannot return to work because of a disability.
The Americans with Disability Act (ADA) generally requires reasonable accommodation for an employee’s disability unless the employer will suffer undue hardship. Reasonable accommodation can include leave of absence. That possible entitlement to ADA leave exists notwithstanding that other leave rights, not based on disability, are legion, at least in some jurisdictions.
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