Employee Absences and the Americans with Disabilities Act

Under the Americans with Disabilities Act (ADA), a leave of absence may be a reasonable accommodation if it is likely to enable the employee to return to work. Employers should review their attendance and disciplinary policies to ensure that they are not violating the ADA when enforcing these policies. When an employee requests time off, the employer should determine the employee's rights under all of the relevant statutes if the request is related or possibly related to a disability. Importantly, the ADA is not a free pass for violations of an employer's attendance policy. Employers are within their rights to require doctor's note or other documentation to substantiate an employee's need for leave.