The EEOC, ADA and FMLA

The EEOC has made it clear that automatic termination after FMLA leave is exhausted may run afoul of ADA accommodation requirements. As stated by the EEOC “The era of employers being able to inflexibly and universally apply a leave limits policy without seriously considering the reasonable accommodation requirements of the ADA are over,” Hendrickson said. “Just as it is a truism that never having to come to work is manifestly not a reasonable accommodation, it is also true that inflexible leave policies which ignore reasonable accommodations making it possible to get employees back on the job cannot survive under federal law.”

To learn more go to http://www.eeoc.gov/eeoc/newsroom/release/9-29-09.cfm.