IS 12 MONTHS ENOUGH . . . ?

Or does your leave policy violate the ADA?

Most employers that even have leave policies have some limit to those policies.  Sometimes its 6 months and often it is 12 months.  But generally, once an employee has exceed whatever your maximum is, they’re fired.  Well, the EEOC, it seems, does not like this one little bit.  In fact, they have filed suit against UPS in Federal Court in Illinois for this very thing.  (See EEOC v. United Parcel Serv. Inc., N.D. Ill., No. 09 C 5291).  Seems an employee with MS took a 12 month leave of absence.  She returned to work, according to UPS, without restrictions for 18 days and then, went out on leave again.  Not surprisingly, UPS terminated her employment for exceeding its 12 month leave policy.

Well, the EEOC thinks that violates the ADA.  According to the EEOC a flat 12 month leave program like this one “negates” the interactive process contemplated under the ADA. 

UPS says it is going to fight this one out.  We’ll keep an eye on this case, it should be interesting.