Leave obligations: Should employers pay during recommended absence?

Q We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined. What is our obligation to pay this employee during this doctor-recommended leave of absence?

When providing leave as a reasonable accommodation under the Americans with Disabilities Act (ADA), employers aren’t required to pay the employee during the leave, unless the employer pays employees who are off from work for other reasons (i.e., the employer provides so many days of paid leave to employees for “personal” reasons). 

Also, to the extent it’s determined the need for leave is Family and Medical Leave Act (FMLA)-qualifying, the employer’s policy may require that employees run any existing paid leave concurrently with the time away (e.g., vacation, sick leave, other paid time off).

Martin J. Regimbal is a shareholder of The Kullman Firm and can be reached at mjr@kullmanlaw.com.