Employers have long been told how critical it is to apply their policies in a fair and consistent manner, including neutral absence-control and leave policies. They have also been reminded that not doing so can result in charges of discrimination.
The strict application of leave policies has recently come under increased scrutiny from the U.S. Equal Employment Opportunity Commission and plaintiffs’ lawyers, who claim that modification of leave policies may be required as an accommodation for disabled employees. As recent cases demonstrate, however, the question of what modifications are required and appropriate can be challenging for employers.
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