Marc A. Mandelman, a Member of the Firm in the Labor and Employment practice, in the firm’s New York office, was quoted by SHRM.org, in “Navigating the Leave-Management Maze,” by Joanne Sammer.
Following is an excerpt:
It is important to understand that, even within these laws and regulations, employers have some room to maneuver. “One size does not fit all,” said Mandelman. “All situations involving reasonable accommodation have to be assessed on a case-by-case basis.” For instance, if a business grants one employee an eight-month leave of absence, that does not mean that eight months is the right amount of leave for everyone. “This does not necessarily establish precedents,” Mandelman explained. Other employees may require more or less leave until they are ready to return to work. However, employers should tread carefully when making these types of distinctions and be sure to document the situation, the reasoning behind any relevant decisions and all communications with the particular worker.
