Why, how and when you must grant ADA leave

by Julian Lopez

A new compliance nightmare is driving employers batty: administering leave as an accommodation under the ADA. It’s not hard to slip up and put yourself right in the crosshairs of your employees’ attorneys. 

One of the more common mistakes: refusing to let employees take additional leave as an accommodation, believing FMLA and/or a company’s own leave policies provide all the time off required under law — only to find out the hard way that the EEOC or courts disagree.

The reality: If an employee has an ADA-covered disability and requests leave, you’ve got to consider it as an accommodation under the ADA — regardless of whether the employee’s exhausted FMLA leave or exceeded the limits in your leave policy

Employment law attorney Penny C. Wofford from the firm Ogletree Deakins is here to help. In a presentation at SHRM’s 2015 annual conference, she said employers must consider two things when workers request ADA leave:

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