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Providing Leave As an Accommodation Under the ADA

By Tina M. Maiolo and Alexander M. Gormley

Title I of the Americans with Disabilities Act of 1990 (the “ADA”) requires an employer to provide reasonable accommodations to qualified individuals with disabilities (“qualified employees”) who are employees or applicants for employment, unless to do so would cause undue hardship. Reasonable accommodations must be provided to qualified employees regardless of whether they work part-time or full-time, or are considered “probationary.” There are a number of possible reasonable accommodations that an employer might be required to provide to qualified employees. Permitting the use of accrued paid leave or unpaid leave is one such reasonable accommodation, and the purpose of this article is to briefly explain an employer's responsibilities in responding to a qualified employee's request for leave.

What the ADA Says

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