Albert Lara, a 21 year employee with the Texas Department of Transportation, suffered some stomach issues which required surgery. He went home to recover. he used up all his sick leave and personal leave. Under DOT’s leave without pay policy, he requested extended leave as an accommodation. DOT had a policy which allowed up to
If a person needs an extended leave for treatment for a bad back, would the ADA require an employer to allow him an extra few months? The Seventh Circuit in Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. 9/20/2017), said no. Ray Severson, left work for his full 12 weeks of unpaid leave
Most jobs require daily attendance, but is daily attendance always required? Don’t most jobs allow time off for workers with good reasons? Under the Americans with Disabilities Act, workers are entitled to time off as part of treatment for a disability. Yet, there are cases that state otherwise. See, e.g., Rogers v. Marine Terminals, Inc.
Many employers have implemented so-called no-fault attendance policies in which employees are charged with a day of leave regardless of the reason for the leave. Once, the employee accumulates enough absent days, s/he will be fired. Such leave policies, however, conflict, with the Americans with Disabilities Act. Under the ADA, when an employee requests an
Russ Cawyer posts about the coming demise of the so-called "no fault" leave policy, better described as fixed leave policies. He notes that the EEOC has been aggressively pursuing companies who implement such policies. Under these policies, once an employee has been out on leave for a certain length of time, the employee is terminated
In a recent settlement with the EEOC, Sears Roebuck agreed to pay $6.2 million to resolve claims made by persons with disabilities. Sears also agreed to enter into a consent decree, which means Sears agreed to perform many other non-monetary tasks in settlement of the claims. The EEOC represented persons with disabilities who had worked