CHECK YOUR POLICIES

RE: RETURN TO WORK

           Given the EEOC perspective on ADA-related leaves, maximum leave period provisions are an endangered species. You should go over your employee handbook or personnel manual to review the policy and practice for excessive leaves.

           If you current text includes a specific maximum leave, e.g., twelve months, you should modify this cut-off wording. The modified policy should refer to excessive leave being unacceptable and attendance being an essential function of the job. The policy should state that, the organization has no "hard and fast" rule, and that prolonged absence will be considered on a case-by-case basis.


6/13/2011