Do we have to give a leave of absence for a new hire?

A: It is unlikely that a new employee would meet the requirements for state or federal Family Leave (FMLA), but you still have to consider whether or not the employee has a disability under the Americans with Disabilities Act (ADA) and if so, whether or not a leave of absence would be a “reasonable accommodation”. You don’t have to provide the employee with an indefinite leave, but you will need to obtain more information to determine if the employee’s condition meets the definition of a “disability” and if a leave of absence would be an appropriate accommodation. Your Vigilant staff representative can help you determine your obligations and next steps.