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Home > Can an employer establish specific attendance and leave policies?

Can an employer establish specific attendance and leave policies? [1]

An employer can establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get such leave.

An employer also may be required to make adjustments in leave policy as a reasonable accommodation. The employer is not obligated to provide additional paid leave, but accommodations may include leave flexibility and unpaid leave.

A uniformly applied leave policy does not violate the ADA because it has a more severe effect on an individual because of his/her disability. However, if an individual with a disability requests a modification of such a policy as a reasonable accommodation, an employer may be required to provide it, unless it would impose an undue hardship.


For additional information, take a look at the following resources:

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?) [2]

Fact Sheet: Work-Leave, the ADA, and the FMLA [3]


Source URL: https://adata.org/faq/can-employer-establish-specific-attendance-and-leave-policies

Links
[1] https://adata.org/faq/can-employer-establish-specific-attendance-and-leave-policies
[2] https://adata.org/faq/what-are-my-employers-obligations-after-i-return-medical-leave-what-kind-documentation-can#
[3] https://adata.org/factsheet/work-leave