Thursday, September 13, 2012

Court issues leave limits guidance: will employee be able to perform essential functions on an estimated date within 6 months?

Lexology
Jackson Lewis LLP
 USA
 September 4 2012
 
The question frustrating employers for decades remains: how much leave, beyond FMLA and employer policies, must an employer give a disabled employee as a reasonable accommodation under the ADA? More than a year after the EEOC hosted a public hearing on this topic, raising hopes that guidance may be forthcoming, only to have those hopes dampened if not dashed by the fifteen months-and-still-counting of waiting, the Tenth Circuit has provided some specific guidance. Robert v. Board of County Commissioners of Brown County, KS. (10th Cir. August 29, 2012).
 
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