Attendance policy can be enforced without violating employee's ADA rights


Littler’s Tony Rizzotti discusses the recent Equal Employment Opportunity Commission stance on attendance policies that result in automatic termination of disabled employees who exceed the maximum number of days off allowed. He agrees that the 9th Circuit’s decision in Samper v. Providence St. Vincent Medical Center represents a positive development for employers, but cautions against over-reaching on its implications. He notes that the case specifically addressed unplanned absences and shouldn't be viewed as extending to planned leaves of absence, which generally cause less hardship on the employer.

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