Can an employer establish specific attendance and leave policies?
A. An employer can establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get such leave. An employer also may be required to make adjustments in leave policy as a reasonable accommodation. The employer is not obligated to provide additional paid leave, but accommodations may include leave flexibility and unpaid leave. An individual with a disability may requests a modification of the leave policy as a reasonable accommodation and an employer may be required to provide it, unless it would impose an undue hardship.
A. Yes. An employer can establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get such leave. An employer also may be required to make adjustments in leave policy as a reasonable accommodation. The employer is not obligated to provide additional paid leave, but accommodations may include leave flexibility and unpaid leave. A uniformly applied leave policy does not violate the ADA because it has a more severe effect on an individual because of his/her disability. However, if an individual with a disability requests a modification of such a policy as a reasonable accommodation, an employer may be required to provide it, unless it would impose an undue hardship.
Related Questions
- Even though an employer is not required to pay for leave under the Act, what about continuation of health care benefits, vacation accrual time, holiday pay, pension accrual time and other benefits?
- May an employer request that an employee provide a doctors excuse or other explanation when the employee has used sick leave?
- Can an employer establish specific attendance and leave policies?
