On May 9, 2016, the Equal Employment Opportunity Commission
(EEOC) issued a resource document addressing the rights of
employees with disabilities who seek leave as a reasonable
accommodation under the Americans with Disabilities Act of 1990
(ADA). This document consolidates existing guidance by the
EEOC on the ADA and leaves of absences regarding, among other
things, leave as a reasonable accommodation, including the
interactive process and policies on leave, reinstatement and
reassignment.
The content of the publication generally represents no break
from EEOC's existing positions. However, the fact that
the EEOC issued guidance dealing specifically with the concept of
leave as an accommodation sheds light on the priority it places on
leave issues, which one EEOC commissioner has called "some of
the toughest situations for employers and employees to deal with in
our workplaces."
