ADA: Employer-Provided Leave

ADA: Employer-Provided Leave

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment and requires that covered employers (those with 15 or more employees) provide reasonable accommodations to employees with disabilities. The Equal Employment Opportunity Commission (EEOC) has provided guidance on when and how leave must be granted to disabled employees as a reasonable accommodation. According to the EEOC, employers may need to take the following steps to comply with the ADA:

  • Modify their policies that limit the amount of leave employees can take when an employee needs additional leave as a reasonable accommodation;
  • Change their policies that require employees on extended leave to be 100 percent healed before returning to work; and
  • Consider reassignment as an option for employees who cannot return to their jobs following leave.

To read more about how the ADA may impact leave policies, click here.