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FMLA-Compliant Leave of Absence Policy Was Unlawful, EEOC Says
Clifton Budd & DeMaria, LLP Link to more items from this source
Aug. 7, 2014
"HealthCare System recently settled a lawsuit brought by the [EEOC] alleging that its leave of absence policy violated the Americans with Disabilities Act.... Employers should be aware that fixed leave policies and policies that require employees to return to work without any restrictions limit the interactive process and eliminate a potential reasonable accommodation. Complying with the FMLA is not enough. When developing leave of absence policies, employers must consider the requirements of the ADA and any applicable state or local disability discrimination laws."

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