The EEOC’S Attack on Maximum Leave Policies: Sometimes companies fail to consider employee rights

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The EEOC’S Attack on Maximum Leave Policies: Sometimes companies fail to consider an employee’s rights under the ADA - Metropolitan Corporate Counsel

United Parcel Service, with over $61 billion in revenue reported in 2016, can afford to be generous with the benefits it provides its employees. One such benefit is the UPS leave policy, which allows employees to take up to 12 months of leave. Most employees would be happy to work for a company that would hold their job for up to a year, and such a generous leave policy would seem to be beyond legal challenge.

Not according to the Equal Employment Opportunity Commission. The EEOC issued a press release on August 8 announcing a $2 million settlement with UPS in a lawsuit that began in 2009. In the lawsuit, the agency alleged that UPS violated the Americans with Disabilities Act (ADA) by enforcing an inflexible maximum-leave policy whereby employees, including those on leave due to disability, were automatically fired when they reached 12 months of leave. In addition to paying $2 million in the settlement, UPS also agreed to update its policies and train those employees responsible for administering the policies.
 
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