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Employer Best Practices: Examining the Use of "Leave" as a Reasonable Accommodation Under the ADA

Franczek Radelet Webinar
August 31, 2011
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In recent years, the EEOC has made it clear that "automatic termination" procedures and inflexible leave policies will be closely scrutinized, and with growing regularity, the EEOC has filed suit against employers to invalidate these inflexible leave policies. For employees and employers alike, the ADA's obligations with respect to leave as a reasonable accommodation can be confusing.

In this webinar, Franczek Radelet parnter Jeff Nowak and EEOC Regional Attorney John Hendrickson address key questions and topics essential to understanding an employer's obligation to provide leave as a reasonable accommodation under the ADA, such as:

  • When must an employer consider leave as a reasonable accommodation?
  • What are an employer's obligations to an employee when FMLA leave expires?
  • What must an employer do to come into compliance with the EEOC's position on "automatic termination" provisions?
  • What is the takeaway from the EEOC's litigation involving automatic termination provisions (e.g., EEOC v. Sears; EEOC v. Supervalu, etc.)?
  • When is a leave of absence not considered "reasonable" or an undue hardship?
  • How should employers and employee best communicate about the need for leave?