Advocacy
Claudia Center Testifies Before EEOC on Leaves of Absence as Reasonable Accommodation
On June 8, 2011, LAS–ELC Director of Disability Rights Program, Claudia Center testified to the U.S. Equal Employment Opportunity Commission (EEOC) in Washington, DC on the topic of leaves of absence as a reasonable accommodation for working people with disabilities. “A leave of absence for treatment and recovery is one of the most common forms of accommodation sought by LAS–ELC’s clients with disabilities. A leave may be required for virtually any type of disability, but is commonly needed by our clients with cancer, psychiatric conditions, liver failure, kidney disorders, mobility disabilities, and on-the-job orthopedic injuries. The purpose of a reasonable accommodation leave of absence is to enable the employee to receive treatment (or training), recover and return to work—that is the essence of an effective accommodation,” said Center.
Claudia made several suggestions:
- EEOC guidance on leaves of absence could be unified into a single document focusing on the issues associated with the reasonable accommodation of leave;
- Guidance on leaves of absence as a form of accommodation should reiterate that, barring undue hardship, a leave of absence is a required form of reasonable accommodation whenever it would plausibly enable the disabled worker to recover and return to work. As well, such guidance should restate that employees cannot be penalized for taking a leave as a reasonable accommodation; and
- Employers should continue an employee’s health benefits during a medical leave of absence. Where there is no policy, an employer should cooperate with its employee to explore means to maintain his or her health coverage consistent with applicable laws, including by having the employee pay toward the employer’s share of premiums.