Be-Leave It — New EEOC Guidance Emphasizes Leaves of Absence as Reasonable Accommodations

Recently, the EEOC published “new” guidelines about the rights of employees seeking leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”), “Employer-Provided Leave and the Americans with Disabilities Act.”  The publication is intended to guide employers about when and how leave must be granted “to promote voluntary compliance with the ADA.”  While essentially reiterating the EEOC’s long established positions on many facets of leave as an accommodation, the guidance specifically highlights several “trends” observed in recent ADA charges and discusses how the EEOC views such practices.

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