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Independent Living News & Policy from the National Council on Independent Living

EEOC Issues New Resource Document Addressing Issues Related to Leave and Disability

Source: EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) today issued a new resource document that addresses the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act of 1990 (ADA). The document is entitled Employer-Provided Leave and the Americans with Disabilities Act.

Disability charges filed with the EEOC reached a new high in fiscal year 2015, increasing over 6 percent from the previous year. The ADA requires employers to provide reasonable accommodations that allow people with disabilities to perform the essential functions of their jobs, unless it would pose an undue hardship for the employer.

One troubling trend the EEOC has identified in ADA charges is the prevalence of employer policies that deny or unlawfully restrict the use of leave as a reasonable accommodation. These policies often serve as systemic barriers to the employment of workers with disabilities. They may cause many workers to be terminated who otherwise could have returned to work after obtaining needed leave without undue hardship to the employer. EEOC regulations already provide that reasonable accommodations may include leave, potentially including unpaid leave that exceeds a company’s normal leave allowances. Read more at eeoc.gov.

Comments

  1. Barbara says:

    I was let go do to time off from work. I filled a charge of discrimination due to my Multiple Sclerosis. Work had me on a 18 months calender which I was able to take one day off. Due to my Multiple Sclerosis had asked for a reasonable accommodation because they were using against me for attendance policy. They denied me the reasonable accommodation then used that day against me to let me go with another day that I asked for fella and they wrote something else down .Due to having those two day’s off and one more due to the fact my family member was deadly sick. So they let me go for one day period but the Detroit office said no . I feel like they did not do there job at all . It is funny because a doctor at pormedics in Toledo is taking them to court I guess when you have money it makes a difference. My right was taken away .

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