Longer Medical Leave?

1. Request medical information: An employer has the right to demand medical documentation to support the request for a leave, say Centeno and McDonough. This includes information on the very existence of a disability, necessity for its accommodation and the expected duration of the impairment. If the employee fails to provide this, the employer may not have to provide a reasonable accommodation.

2. Engage the employee: Centeno and McDonough suggest clearly communicating with the employee about the ADA processes and getting him or her involved directly. Questions to ask include the ability to perform the job, when he or she can return to work, and whether there are any accommodations that can be made to aid the return to work.

3. Undue hardship: Leaves that would burden employers too heavily will not be granted, explain the authors. However, the onus is on the employer to demonstrate this. The analysis includes determining whether the nature and cost of the accommodation would greatly impact the financial resources and operations at the company. If an undue hardship is found, Centeno and McDonough say the employer should still try to find “less burdensome accommodations” that work for the employee.

Marlisse Silver Sweeney is a frequent contributor to Corporate Counsel magazine, an ALM sister publication of this newsletter.

It's a fine line for employers to manage employees' health-care leave demands, while encouraging productivity and attendance expectations. Joseph Centeno and Tiffani McDonough of Obermayer in Pennsylvania explain that it's also a mistaken assumption that if an employee has exhausted all his or her time under the Family and Medical Leave Act, he or she is not entitled to additional leave under the Americans with Disabilities Act. “While it is difficult to derive simple rules regarding leave as an accommodation, one theme resounds ' an individualized assessment in each case is critical,” they say.

How to Assess

Here are some of their tips for making the assessment:

1. Request medical information: An employer has the right to demand medical documentation to support the request for a leave, say Centeno and McDonough. This includes information on the very existence of a disability, necessity for its accommodation and the expected duration of the impairment. If the employee fails to provide this, the employer may not have to provide a reasonable accommodation.

2. Engage the employee: Centeno and McDonough suggest clearly communicating with the employee about the ADA processes and getting him or her involved directly. Questions to ask include the ability to perform the job, when he or she can return to work, and whether there are any accommodations that can be made to aid the return to work.

3. Undue hardship: Leaves that would burden employers too heavily will not be granted, explain the authors. However, the onus is on the employer to demonstrate this. The analysis includes determining whether the nature and cost of the accommodation would greatly impact the financial resources and operations at the company. If an undue hardship is found, Centeno and McDonough say the employer should still try to find “less burdensome accommodations” that work for the employee.

Marlisse Silver Sweeney is a frequent contributor to Corporate Counsel magazine, an ALM sister publication of this newsletter.