Employment Law Blog

News, trends and analysis in employment law and HR

Aug 28, 2012

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

Q&ADisabilityLeave Laws 

Q: We have a new employee who has recently started coming in late and missing work. Now we have been notified that he has been admitted for inpatient treatment. Are we required to give him a leave?

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.