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100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

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The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100 percent healed” policies require an employee returning from medical leave to be fully recovered and to work without any restrictions. According to the EEOC’s 2016 guidance on 100 percent healed policies, an employer will violate the ADA “if it requires an employee with a disability to have no medical restrictions…if the employee can perform her job with or without reasonable accommodation unless the employer can show providing the needed accommodations would cause an undue hardship.”  For more information, read on here.