Leave Policies: Requiring Medical Justification for Absences May Violate the ADA

Thanks to a recent Federal Court ruling, leave policies that require written justification from an employee’s doctor in support of an absence may soon become a thing of the past, writes international law firm White & Case:

“In EEOC v.Dillard’s Inc., the Court held that Dillard’s attendance policy violated the federal Americans with Disabilities Act because it required any health-related absence to be supported by a doctor’s note stating ‘the nature of the absence (such as migraine, high blood pressure, etc…)’… The Court held that the attendance policy was an impermissible disability-related inquiry because it required employees to disclose their underlying medical conditions. As the Court stated, ‘[this] invites intrusive questioning into the employee’s medical condition, and tends to elicit information regarding an actual or perceived disability.’”

Read the full update, Employers Generally Cannot Require Reasons for Sick Leave, White & Case LLP»