May 09, 2018
Wabtec Investigation: Rail Industry Employees Potentially Impacted by No Poach Agreements We are investigating allegat
May 10, 2016. The EEOC issued a new ADA covering what employers owe disabled employees under the Americans with Disabilities Act.
The new publication “Employer Provided Leave and the ADA” highlights several points we believe all disabled employees need to know.
First, the ADA may require your employer to offer you a reasonable period of unpaid leave above and beyond what it offers to non-disabled employees. Most of our clients recognize that an employer cannot deny them benefits that it offers to non-disabled employees.
What many disabled employees don’t know is that if an extended period of unpaid leave is the one thing that would permit a disabled employee to keep her job (for example, three weeks off in order to complete a cycle of chemotherapy), the employer must provide that leave unless it can demonstrate that doing so would be an “undue hardship.”
Factors that may be considered to determine whether an employer has shown that a proposed accommodation would be an “undue hardship” include:
Second, an employer may not retaliate against a disabled employee for making use of additional unpaid leave, or any other “reasonable accommodation.” Many of our clients may not realize that illegal retaliation under the ADA could include an employer deciding not to promote a disabled person because she took a period of unpaid leave, or telecommuted for several months, as a reasonable accommodation for her disability under the ADA.
Third, an employer may violate the ADA by forcing an employee to be “100% healed” before she returns to work. For example, if a disabled employee would be able to return from a period of unpaid leave if she were permitted to work from home half time as a reasonable accommodation, the employer must permit her to do so unless it can show independently that permitting her to work from home would cause it “undue hardship.”
Posted by Deborah K. Marcuse.