The topic of leave as a reasonable accommodation under the Americans with Disabilities Act (ADA) has been a particularly hot topic since the enactment of the ADA Amendments Act of 2008. Notably, the act broadened the definition of “disability” to cover a considerably larger population of employees who could request reasonable accommodations under the ADA.
In the wake of several highly publicized claims against companies that automatically terminated employees upon expiration of the leave period, many employers have looked to the Equal Employment Opportunity Commission (EEOC) for guidance on this issue. In an effort to provide direction to employers, the EEOC held a public hearing and presented testimony from its attorneys on the topic of leave as a reasonable accommodation under the ADA. The key points below, gathered from the hearing, can help an employer stay off the EEOC’s radar.
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