Experts Give EEOC Range of Views on Leave as a Reasonable Accommodation

Source: U.S. Equal Employment Opportunity Commission (EEOC)

WASHINGTON -- At a Commission meeting on June 8, 2011, the U.S. Equal Employment Opportunity Commission (EEOC) heard a range of views from a diverse panel of experts concerning the use of leave to provide reasonable accommodations for people with disabilities.  While the witnesses differed as to some employer and employee obligations, they agreed on the need for clear and uniform guidance from the EEOC. The meeting, featuring representatives of employees and employers and EEOC officials, was designed to explore the use of leave.  

 

The Americans with Disabilities Act (ADA) requires reasonable accommodations when necessary so that people with disabilities can perform the essential functions of their jobs, unless doing so would constitute an undue hardship to the employer. Leaves of absence—including those beyond an employer’s permitted number of days off—can constitute reasonable accommodations.    

 

“A period of leave -- whether for medical treatment, recovery, or training to use adaptive equipment -- is often the reasonable accommodation that permits a person with a disability to remain gainfully employed,” said EEOC Chair Jacqueline A. Berrien. “We welcome this opportunity to learn how this important element of the ADA affects employees and employers in practical terms.”

 

EEOC Commissioner Victoria Lipnic said, “Managing situations where employees need leave for medical conditions is one of the most vexing issues for both employers and employees. (This) meeting should educate employers about complying with the law and educate us at the EEOC about making these difficult situations more manageable, ultimately making us all more successful in keeping people with disabilities engaged in the workforce.”

 

Christopher Kuczynski, EEOC Assistant Legal Counsel in charge of ADA issues, told the Commission that while many requests for leave can be handled under an employer’s regular leave policies, reasonable accommodation issues arise when an employer would not ordinarily allow the leave -- for example, by having “no fault” leave policies. “These must be modified as a reasonable accommodation, absent undue hardship, if an employee with a disability needs additional leave,” Kuczynski said.

 

John Hendrickson, Regional Attorney of the EEOC’s Chicago district office, offered examples of how inflexible leave policies restrict potential reasonable accommodations. He detailed the Commission’s litigation efforts in two large class cases against a national and a regional company, both of which had inflexible leave policies. The two cases were settled by consent decrees for millions of dollars and changes to the companies’ policies.