{"id":37748,"date":"2016-03-31T19:25:57","date_gmt":"2016-04-01T00:25:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/termination-for-employee-absenteeism.html"},"modified":"2021-03-16T13:57:59","modified_gmt":"2021-03-16T18:57:59","slug":"termination-for-employee-absenteeism","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/litigation-disputes\/termination-for-employee-absenteeism.html","title":{"rendered":"Employee Absenteeism and the ADA"},"content":{"rendered":"
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Extended time off from work for employees with disabilities is sometimes unavoidable. This is especially true for certain conditions like lupus which may involve unpredictable and incapacitating flare-ups lasting several days or weeks at a time, resulting in significant work absences.<\/p>\r\n

When employee absenteeism is disability-related, the challenge for your corporate clients is where to draw the line. After all, your clients have certain obligations to accommodate employees under the Americans with Disabilities Act<\/a> (ADA). But what if unpredictable and prolonged absences will significantly impact business operations? Read on to learn more about employee absenteeism, the ADA, and how you can help your client draw the line.<\/p>\r\n

Extended Leave and the ADA<\/b><\/p>\r\n

Businesses with 15 or more employees are subject to the ADA which prohibits discrimination against individuals with disabilities, but only those who could perform the essential functions<\/a> of a position with reasonable accommodations. So, for example, a vision-impaired individual would not likely be able to work as an airline pilot even with reasonable accommodations, and therefore no accommodations would be required. However, where an employer can reasonably accommodate a disability<\/a>, they must do so unless it would result in an undue hardship<\/a>, a determination that is based on the:<\/p>\r\n