Does your company’s leave policy call for an employee’s termination following the expiration of his or her leave entitlement? Does your company charge “attendance points” against employees regardless of the reason for the absence? Does your company require employees to be released to work without restrictions before they are permitted to return from a medical leave? If so, beware: “inflexible” leave of absence and attendance policies are being targeted by the Equal Employment Opportunity Commission (“EEOC”) and plaintiffs under the Americans with Disabilities Act (“ADA”).
Recently, McNees Wallace & Nurick LLC’s Labor and Employment Group developed and distributed an Employer Alert warning employers about the risks in these areas and providing valuable guidance. To read the Employer Alert click here.