In recent years, there has been an uprising concerning employees and employers negotiating the event in employees provided with an unpaid leave under the Americans with Disabilities Act. The EEOC created a publication with guidelines highlighting what the employer and employee need to consider with specific examples. Below are some important points brought up in the publication.
Fair Access to Employer’s Leave Policy: An employee is entitled to equal access to the employer’s leave policy, as the employer can not treat the situation any differently than a request that does not fall under the ADA. In addition, an employer should not expect a disabled employee to provide more proper medical documentation than any other non-disabled employee.
The Interactive Process is Essential: The employer and employee are required to take part in the “interactive process” in which is a process between the two about the accommodations expected from the employer for the disabled employee. The employer shall consider the leave accommodation under the ADA for a medical condition or FMLA, otherwise the employer is entitled to ask for any relevant information from the employee to ensure it is a probable cause for leave.
The Employer is Entitled to Ask for Medical Documentation: The interactive process has several different components to the structure of it, such as allowing the employer to inquire medical information for the reasonable leave accommodation. In several occasions, an employer is entitled to ask for the employee’s healthcare provider to satisfy the wonder of why the leave is required, the length of the leave, and many different accommodations associated with the leave.
The Maximum Leave Policies Enforce Job Liability: Under the EEOC, employers need to be careful when making the decision of extending the employee’s leave time as an accommodation, since it may go beyond the maximum leave policy. This will be an automatic termination of the employee, however, if the employee is under the ADA, they will have a less worrisome leave for their medical purposes.
If you have been denied leave accommodations under the ADA, contact our employment law attorneys at Maduff & Maduff. We have been practicing employment law for over 20 years with skills in wrongful termination and wage theft, to discrimination and disability rights. Contact us at Maduff & Maduff to fight for your employment rights.