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Employer's Maximum Leave Policies Illegally Discriminate Against Disabled Employees

Employers that enforce non-flexible maximum leave policies against disabled employees are violating the law. The EEOC takes the enforcement position that maximum leave policies generally violate the ADA even when they provide more time off than the FMLA’s mandated 12 weeks. The EEOC’s view is that any policy that provides employees with “X” months of leave (e.g., 6, 12 or even 18 months) violates the ADA unless the employer proactively considers reasonable accommodations for the employee, which may include a reassignment to another job or additional leave beyond “X” months. Significantly, the EEOC puts the burden on the employer to engage, unsolicited, in the interactive accommodation process with each employee who is approaching the maximum “X” months of leave.

What does this mean for disabled employees? In short, disabled employees have greater legal protection. If you suffered from a serious injury or medical condition and your employer terminated your job per a maximum leave of absence policy, the termination may have been illegal. Call our lawyers at 860-667-0839 to discuss your legal rights.

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