EEOC Looking at Leave

This Wednesday (June 8), the EEOC will hold a public meeting to "examine the use of leave as a reasonable accommodation." Leave can constitute a reasonable accommodation under the Americans with Disabilities Act as long as it doesn't impose undue hardship. That's exactly the rub. Employer advocates often take the position that indefinite leave is unreasonable and that employers can require employees to return after a set period or be terminated. The EEOC disagrees. That disagreement has led to some humongous settlements. In 2009, the EEOC settled a case with a large retailer for $6.2 million it alleged had an excessively rigid leave policy. Earlier this year, the EEOC settled a similar case for $3.2 million. Click here for all the meeting details. (Special thanks to The Blog of Legal Times)

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