By Martha J. Cardi, JD, Reed Group Chief Compliance Officer, and Megan G. Holstein, J.D., Reed Group Senior Counsel, Compliance and Employment Law
An employee’s request for a leave of absence as an accommodation under the Americans with Disabilities Act (ADA) poses Human Resource (HR) challenges. The EEOC is pursuing violations of employers’ ADA obligations, obtaining multi-million dollar consent decrees against employers for absence policies that violate the ADA. Employers are asking when, why, and how much leave must be provided as an ADA accommodation.