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Providing Leave As an Accommodation Under the ADA

BY Tina M. Maiolo
December 21, 2010

Title I of the Americans with Disabilities Act of 1990 (the “ADA”) requires an employer to provide reasonable accommodations to qualified individuals with disabilities (“qualified employees”) who are employees or applicants for employment, unless to do so would cause undue hardship. Reasonable accommodations must be provided to qualified employees regardless of whether they work part-time or full-time, or are considered “probationary.” There are a number of possible reasonable accommodations that an employer might be required to provide to qualified employees. Permitting the use of accrued paid leave or unpaid leave is one such reasonable accommodation, and the purpose of this article is to briefly explain an employer's responsibilities in responding to a qualified employee's request for leave.

What the ADA Says

Under the ADA, a qualified employee who needs leave related to his/her disability is entitled to such leave if there is no other effective accommodation and the leave will not cause undue hardship. Some examples of disability-related reasons for which a qualified employee may need leave are to obtain medical treatment for a disability, to recuperate from an illness stemming from a disability, and to train a service animal (e.g., a guide dog). “Undue hardship” means significant difficulty or expense, and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation.

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