Intermittent Leave

So, you have an employee who keeps reporting late to work. Can you fire the person? As with many issues in Human Resources (HR), it depends. A large national employer recently fired an individual who arrived late to work on multiple occasions. It turns out the individual had a medical condition, and the employee told the employer each time they were late that it was due to their condition. The employee subsequently requested the use of intermittent leave as a reasonable accommodation. The employer did not provide the accommodation or excuse the
absences that were related to the condition, and the employee was later demoted.

The EEOC is now seeking monetary relief for that employee. The employer could be responsible for back pay, compensatory, and punitive damages. The federal Americans with Disabilities Act is applicable to employers with 15 employees. Some states may have their own state laws that apply. In the State of New Mexico, for example, the Human Rights Act includes medical conditions and covers employers with only four employees. The EEOC’s position is that a request for intermittent leave can be a reasonable accommodation absent undue hardship.

One thing to keep in mind is that if an employer claims undue hardship, they will have to support the claim. In addition, even at-will employers can be impacted if the ADA is applicable to their organization.

If you have HR Compliance questions, it is advisable to talk to professional experts in the field before taking action. Contact us today!