On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This document doesn’t create any new EEOC agency policy or propose any new law. Rather, it consolidates current guidance on the ADA, employer leave policies, reasonable accommodations, the interactive process, undue hardship, and other relevant subtopics.
It appears the motivation behind this document stems from the overall rise in disability-related charges of discrimination filed with the EEOC, which increased over six percent from fiscal year 2014 to 2015. Moreover, recent charges received by the EEOC indicate employers may not know they should consider modification of leave policies as a reasonable accommodation of an employee’s disability.