In an effort to help employees who were confronted with serious medical related conditions, the Congress passed the Family Medical and Leave Act. Under the terms of the Act if an employee had worked for a period of twelv emonts and accumulated 1250 hours the employee was eligible to recieve 12 weeks of unpaid leave to care for themselves or a family member. Many human resource managers have operated for some time under the view that if at the end of the 12 weeks the employee does not return to work, then it is automatic grounds for termination of employment.
In a blog by Frerikson and Byron Attorneys it is now reported that the Equal Employment Opportunity Commission is saying wait a minute not so fast. Their feeling is that such a blanket policy may violate the terms of reasonable accommodations under the Americans with Disabilities Act.
Strategy: Review your current policies to see how you have worded those circumstances where extended leave is requested. It may no longer be sufficient to carry a blanket clause that says if you need more than 12 weeks 26 weeks if due to military reasons) then you have lost your job. Be sure to talk to your labor counsel to review what changes maybe needed to your policies. Further, review and take careful consideration of the changes to ADA so as not to place yourself in the position of violating the requirements. It is less expensive for you to make changes up front rather than when told you have to.
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