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Tina
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Category: California Employment Law
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Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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According to EEOCs Enforcement Guidance: Reason Accommodation

Resolved Question:

According to EEOC's Enforcement Guidance: Reason Accommodation and Undue Hardship Under the Americans wit Disabilites Act: Employer can not apply a "no-fault" leave policy to terminated after they have been on leave for a certain period of time.

Is there an limit to the lengh of "certain period of time"?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

This guideline language "certain period of time" is referring to whatever the employer's policy may state, whether 30 days or 10 weeks. If an employer's leave policy states that they will apply a no fault leave policy after 30 days of leave, they may have to modify this policy as a reasonable accommodation under the ADA. That is how I interpret this guideline as set forth below:

"May an employer apply a "no-fault" leave policy, under which employees are automatically terminated after they have been on leave for a certain period of time, to an employee with a disability who needs leave beyond the set period?

No. If an employee with a disability needs additional unpaid leave as a reasonable accommodation, the employer must modify its "no-fault" leave policy to provide the employee with the additional leave, unless it can show that: (1) there is another effective accommodation that would enable the person to perform the essential functions of his/her position, or (2) granting additional leave would cause an undue hardship. Modifying workplace policies, including leave policies, is a form of reasonable accommodation.(50)"

 

See the EEOC's website for this and additional information:


http://www.eeoc.gov/policy/docs/accommodation.html

 

 

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Customer: replied 2 years ago.
You did not answer my question. My question is "Is there a limit to how long the leave period is before they can leagally apply no fault leave policy ".
Expert:  Tina replied 2 years ago.
Hello again,

I was trying to explain that the employer cannot apply the no fault leave policy if a reasonable accommodation is requested to modify the policy.

No, there is not a limit to how long the leave period is before an employer can apply the no fault leave policy. Courts use a case by case analysis and under any given circumstances, the ADA could require that an employer not apply the leave policy indefinitely.

I hope that helps clarify my answer for you.


Tina, Attorney
Satisfied Customers: 31953
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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