employment law

EEOC Continues Its Fight Against Inflexible Leave Policies

EEOC Continues Its Fight Against Inflexible Leave Policies

Several years ago, at its periodic Chicago Bar Association seminars, the Chicago office of the Equal Employment Opportunity Commission (“EEOC”) began expressing its opinion that “inflexible leave policies” violated the reasonable accommodations provisions of the Americans with Disabilities Act. The EEOC defines leave policies as inflexible when they spell out a maximum amount of medical leave and dictate that an employee will be discharged, terminated or “administratively separated” once he or she exhausts that amount of leave.