by Barton A. Bixenstine, Vorys, Sater, Seymour and Pease LLP
An employer should be aware that the Equal Employment Opportunity Commission (EEOC) has taken the position that any policies which call for automatic termination after an employee has been absent for a certain period of time do not properly meet the employer’s obligation to engage in the Americans with Disabilities Act’s (ADA’s) interactive process to determine if a reasonable accommodation is necessary.
In this guide, learn about:
- Step 1: Have ADA and FMLA policies in place
- Step 2: Determine whether the ADA applies to the leave request
- Step 3: Evaluate whether the employee has an ADA‑protected disability
- Step 4: Determine if the employee is entitled to leave as a reasonable accommodation
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About the author
Barton A. Bixenstine
Mediator and Arbitrator, Bixenstine Resolutions LLC
Barton A. Bixenstine has experience representing clients in litigation as well as mediation and arbitration of employment-related disputes. He provides legal counsel to, and advocates for, employers and employees on a wide range of employment issues including contract administration, hiring, firing, mergers, relocations, layoffs and restrictive covenants.