Why “No Leave” Policies Can Land Employers in Court

Understanding the ADA’s Leave Requirements

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified employees with disabilities. That accommodation can include time off from work, even when the employee has no remaining FMLA leave or paid time off.

Denying a leave request without reviewing the facts can result in an ADA violation — and the Equal Employment Opportunity Commission (EEOC) is actively enforcing this requirement.

The Case

An employee who had suffered multiple heart attacks asked for a short-term leave of absence to receive medical care and improve his health.

The employer had a blanket policy prohibiting any leave outside of existing PTO or FMLA entitlements. The request was denied without review, and the employee was unable to take time off.

The EEOC sued, stating that the ADA requires an individualized assessment for each request to determine whether the leave is reasonable or poses an undue hardship. A one-size-fits-all “no leave” rule simply does not meet this legal standard.

What Employers Must Do

1. Assess Every Request Individually
   Avoid automatic denials. Review the facts, the medical documentation (if provided), and potential impacts on operations.
   ➡ Guidance: EEOC on Employer-Provided Leave and the ADA
2. Recognize Leave as a Potential Accommodation
   Even short-term leave can be reasonable if it enables the employee to return to work.
3. Eliminate Blanket Policies
   “Zero tolerance” or “no exceptions” leave rules increase legal risk.
4. Document the Process
   Keep records of your interactive discussions, accommodations considered, and reasons for approval or denial.

Best Practices for Compliance

• Update your leave policies to reflect ADA requirements.
• Train managers and HR on how to handle accommodation requests.
• Coordinate ADA, FMLA, and PTO policies to ensure consistency.
• Use clear criteria for evaluating leave requests and set timelines for follow-up.

Bottom Line: Denying disability-related leave without consideration isn’t just bad policy — it’s an open invitation for EEOC enforcement. Evaluate each case on its own merits, document the process, and explore reasonable solutions that balance employee needs with business operations.

✴️Have questions or need help with compliance ? Contact CTR Payroll | HR today!