ADA: Consider new schedule before leave.
The ADA says disabled employees are entitled to reasonable accommodations that allow them to perform the job's essential functions. To survive a lawsuit, that accommodation better permit the person to actually work, if at all possible.
Before requiring unpaid leave, consider accommodation options such as modified duties, special equipment, different schedules and possible extended leave.
Recent case: When a radiologist became temporarily disabled, the hospital put her on unpaid leave and said she could return when fully healed. She requested an accommodation to work part-time but the hospital refused.
The EEOC sued, saying unpaid leave wasn't a...
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