The Equal Employment Opportunity Commission (EEOC) issued a statement on May 9, 2016 to help guide employers in situations regarding Employer-Provided Leave and the Americans with Disabilities Act (ADA).
The EEOC’s statement was meant largely to clarify when and how leave is to be provided in cases of an employee’s disability under the ADA.
As a general note, employees that request leave under an existing policy within the company should have the same access to leave as all other employees. Even when an employee has used up any paid days of leave or if the employer does not have an existing leave policy, an employee may still be entitled to receive leave as a reasonable accommodation, as long as the leave does not create an undue hardship for the employer.
One of the key points the statement explains is that communication is key once leave is requested by an employee. The EEOC calls this the “interactive process”, which allows the employer to obtain information relative to granting leave that is not covered under an existing leave program. Even after the leave has been granted, communication is still very important to determine return dates and conditions upon return for the employee.
You can access the statement from the EEOC here.