By Marti Cardi, JD

VP Product Compliance
Matrix Absence Management

Studies show that the longer employees are off work due to a disability, the less likely they are to return to work. What alternatives to leave of absence can an employer lawfully propose under the ADA and FMLA in order to keep employees engaged and avoid or reduce leaves?

Under the ADA, an employer can require the employee to accept a workplace accommodation rather than a leave of absence, if the alternative accommodation effectively enables the employee to perform the essential functions of the position and does not interfere with the employee’s medical care or recovery. If the employee is not covered by the FMLA at the same time and the employee declines an effective alternative accommodation, the employer can count disability-related absences against its attendance policy

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