Both the federal Americans with Disabilities Act (ADA) and New Hampshire's Law Against Discrimination, with limited exceptions, require employers to provide medical leave to disabled employees who need medical
leave as a reasonable accommodation.
Employer's Responsibilities in Providing
Leave as a Reasonable Accommodation Under the Americans with Disabilities Act
For the most part, employees eligible for leave under the FMLA will not be entitled to
leave as a reasonable accommodation under the ADA, either because they do not meet the ADA's definition of disability or the need for leave is unrelated to their qualifying disability.
Right now, the Severson / Golden majority decisions are only binding in the Seventh Circuit, and have no applicability to local disability statutes such as the New York City Human Rights Law which permits open - ended long term
leaves as reasonable accommodations.
Not exact matches
a. above, the Postdoctoral Scholar will be provided with a
leave of absence
as a
reasonable accommodation as defined in paragraphs c, d and e below.
The Departmental Office of Human Resource Management (DOHRM) and HR offices within each OA provide advice and guidance to supervisors, managers, and employees about HR policies and procedures related to
reasonable accommodation, such
as leave, telework, and performance management.
(72) Furthermore, an employer may be required to provide additional
leave to an employee with a disability
as a
reasonable accommodation in spite of a «no - fault»
leave policy, unless the provision of such
leave would impose an undue hardship.
Granting an employee time off from work or an adjusted work schedule
as a
reasonable accommodation may involve modifying
leave or attendance procedures or policies.
Additionally, an employer can not penalize a qualified employee for work missed during
leave taken
as a
reasonable accommodation since doing so would be considered retaliation for the qualified employee's use of a
reasonable accommodation to which he / she is entitled under the law.
HALL OF FAME: «
As employment counsel, I review all of the [Americans with Disabilities Act] reasonable accommodations as well as [Family Medical Leave Act] issue
As employment counsel, I review all of the [Americans with Disabilities Act]
reasonable accommodations as well as [Family Medical Leave Act] issue
as well
as [Family Medical Leave Act] issue
as [Family Medical
Leave Act] issues.
The Ontario Court of Appeal has denied
leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer's request for an Independent Medical Examination (IME)
as part of the
accommodation process
reasonable in the circumstances.
The court held that the
accommodation provided to the plaintiff, allowing her to work at home, at full pay, subject only to a slight loss of sick
leave, was
reasonable as a matter of law.