Can new worker be eligible for 'ADA leave'?

Technically, there's no such thing as "ADA leave" in the same sense that the FMLA specifically grants time off to deal with medical issues. However, you and your supervisors need to be aware that some disabled employees may be entitled to leave (even unpaid leave) as an ADA "reasonable accommodation."

The FMLA grants employees of covered employers an entitlement to take leave if they meet minimum eligibility requirements (working at least 1,250 hours in one year).

But the EEOC is increasingly taking the position that disabled workers not yet eligible for FMLA leave are entitled to time off under the ADA.

Example: The EEOC just filed a lawsuit against toolmaker Stanley Black & Decker alleging failure to accommodate a disabled employee by granting time off.

The company hired a sales rep who had previously been treated for cancer. She had follow-up treatments scheduled throughout the year. About six months after being hired, she told her supervisor she...

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