May 2016

EEOC Issues Guidance on Employer Provided Leave and the ADA

In May, the EEOC clarified and emphasized that employers may be required to approve leave for disabled employees as a reasonable accommodation even when that leave goes beyond the amount of leave generally provided pursuant to the employer’s policies.  Among other warnings, the guidance also specifies that employers will violate the ADA with “100% Healed” policies, (requiring employees with disabilities to have no medical restrictions before they can return to the job), if the employee can perform her job with or without reasonable accommodations, unless the accommodations would cause the employer an undue hardship.  For the full guidance, see https://www.eeoc.gov/eeoc/publications/ada-leave.cfm