Legal Blog

Telebriefs®: The EEOC’s Policy Pronouncement on the Use of Leaves of Absence as an Accommodation under the ADA

office deskThe Equal Employment Opportunity Commission (EEOC) has noted troubling trends in the prevalence of employer policies that deny or unlawfully restrict the use of leave as a reasonable accommodation to disabled employees.  For example, the EEOC found that some employers failed to change the way things are customarily done to enable employees with disabilities to work, such as considering job reassignment as an option for employees with disabilities who cannot return to their jobs following leave. As a result, the EEOC recently issued a new resource document entitled, “Employer-Provided Leave and the Americans with Disabilities Act”, which addresses the rights of employees with disabilities who seek some sort of leave as a reasonable accommodation under the Americans with Disabilities Act. The detailed document explains that providing employees with a period of leave for medical treatment or recovery can be a critical reasonable accommodation for people with disabilities. To learn more about what this resource document entails, listen to this week’s Telebrief here.


Also in this week’s Labor & Employment Telebrief: a summary of the Department of Labor’s recent wage/hour changes, including but not limited to: the rules surrounding the new salary level for white collar exemptions, revisions to the compensation level for “highly compensated employees”, and whether or not employers can include nondiscretionary bonuses and incentive payments to the adjusted required salary level. This Telebrief also discusses OSHA’s amendments to its recordkeeping regulations and the new Defend Trade Secrets Act of 2016.



Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30-minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management. On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company.  Our guarantee: You will learn something useful, on every call! If you have any questions regarding  labor and employment issues, please contact Howard Kurman: | 410.209.6417


Howard Kurman websiteHoward K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.

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