Company Agrees to Settle Lawsuit Challenging its Maximum Leave Policy
This settlement can be viewed as a “win” for the EEOC in its effort to restrict employers’ use of maximum leave policies. The EEOC has long taken the position that leave can be a reasonable job accommodation under the ADA. It is the commission’s position that maximum leave policies are not per se violations of the ADA, but an employer may be required to make exceptions to such policies for employees with disabilities. Such exceptions include potentially granting leave beyond the amount specified in a maximum leave policy. In spite of this long-held position, the EEOC has continued to receive charges challenging maximum leave policies. Last year, the commission formally reaffirmed and published its position in a May 2016 resource document, asserting that “such [maximum leave] policies may have to be modified as a reasonable accommodation for absences related to a disability, unless the employer can show that doing so would cause undue hardship.”
- Even though an employer has a leave policy providing a “maximum” amount of leave, it doesn't mean that the employer can always enforce it against an employee with a disability.
- Policies that limit the amount of leave provided to employees may violate the ADA when, in practice, these policies require the automatic termination of an employee with a disability after the employee reaches a prescribed, inflexible leave limit.
- Employers should utilize the interactive process to ensure additional leave is not available as a reasonable accommodation before terminating an employee under a maximum leave policy.
Please contact any member of Taft’s Labor & Employment group for additional information on how this directly affects your business.
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