If you read HR Web Cafe with any regularity, you know that when it comes to FMLA and related leave laws, we are big fans of Jeff Nowak, employment law attorney who maintains the FMLA Insights blog. If his blog isn’t on your regular reading list, it should be!
In May of this year, the EEOC offered guidance on reasonable accommodation under the ADA (Americans with Disabilities Act). Nowak offered an analysis and summary at the time. He noted that:
“All Requests for Leave Must be Treated as a Request for a Reasonable Accommodation. Yes, you read that correctly. If the EEOC ever was ambiguous on this point before, it’s cleared it up now — each time an employee requests leave from the job because of a medical condition, the request must be analyzed through the lens of FMLA and ADA.”
More recently, Nowak conducted a webinar with EEOC Commissioner Chai Feldblum on EEOC’s New Resource on Leave as an ADA Reasonable Accommodation. You can watch the entire webinar on demand at the above link or you can download the webinar slides.
One other option – check out Nowak’s posts on the webinar, where he summarizes key take-aways:
- Managing Repeated Requests for Leave as an ADA Reasonable Accommodation: Takeaways from My Webinar with EEOC Commissioner Feldblum (Part I)
This post offers a recap our guidance in the webinar on how an employer should address an employee’s requests for multiple extensions of continuous leave. It covers reasonable accommodation and handling employee requests for extensions through an interactive process, which documents and builds the case for undue hardship.
- Handling Intermittent, Unpredictable Leave Requests after FMLA Ends: Additional Analysis of My Webinar with EEOC Commissioner Feldblum (Part II)
This post offers a recap guidance on how an employer should address an employee’s intermittent absences and unreliable attendance after FMLA leave has exhausted. It also covers issues such as indefinite leave, 100% healed policies and automatic termination policies.