ADA Frequently Asked Questions
Category: Title I: Employment
Question: #16
May an employer apply a "no-fault" leave policy, under which employees are automatically terminated after they have been on leave for a certain period of time, to an employee with a disability who needs additional leave?
Answer:
If an employee with a disability needs additional unpaid leave as a reasonable accommodation, the employer must provide the employee with the additional leave even if it has a "no-fault" policy. An employer, however, does not need to provide leave if:
- it can provide an effective accommodation that allows the person to keep working, or
- it can show that granting additional leave would cause an undue hardship.