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This is in response to Are There Limits to ADA Leave Requests?

Tuesday, July 5, 2011
Write To The Editor Reprints

Regarding your article titled "Are There Limits To ADA Leave Requests": There is an element missing because nowhere in the article is FMLA or if in California CFRA mentioned. The terms "no-fault attendance" or "no-fault leaves" are used but there is no explanation how these correlate with FMLA or CFRA.

Carlos Lima

VP Human Resources

CR&R Incorporated

The response from Marlene Prost, who wrote this story:

I shared the above with Leslie Silverman, of Proskauer, whom I interviewed in the article. 
She says the issue of ADA leave is above and beyond FMLA. ADA leave is an "accommodation" when FMLA is not available at a company, or when it has been used up.  (For example, FMLA applies to companies with 50 or more employees; the ADA leave applies to companies with 15 or more.) 
FMLA (which is administered by the Department of Labor) does not apply to this article, which was about the EEOC hearings, she says.  
"The whole issue of extended leaves comes up as an 'accommodation' by the ADA. ... It becomes an accommodation when FMLA is not generally available ... above what you're required to give employees under current laws," Silverman says.

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