Absences & disability: Where to draw the line?

The ADA says your organization must "reasonably accommodate" the needs of your disabled employees so they can perform the job's essential functions. That often means allowing flexibility in the person's shift times and attendance.

But it doesn't mean you have to allow open-ended schedules or accept unreliable attendance.

Regular attendance is an essential function at many jobs. You can draw the line at any accommodation request that would create an "undue hardship" on the organization. The EEOC says that means you don't have to accommodate "repeated instances of tardiness or absenteeism that occur with some frequency, over an extended period of time and often without advance notice."

Just make sure your job description lists attendance as an essential function of that job.

Recent case: Michael, a maintenance worker in New York City, missed 87 days of work during his first eight months on the job. He claimed the reason was migraine headaches caused by a bulging disk that prevented him from getting out of bed in the morning.

Michael was terminated and then sued, claiming failure to accommodate his disability.

The city argued it...

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