Phil,who works as a staff manager at Holiday Inn,has a minor blood clot in his brain and thus goes on an extended 14 weeks of leave for his surgery.However,he is not able to completely recover within 14 weeks and asks Holiday for an additional two-week leave to recuperate.Holiday informs him that his position might no longer be available when he returns from his extended leave,and Phil agrees.Which of the following holds true in this case?

Question

Quizplus · Accepted Answer

Holiday is obligated under the Americans with Disabilities Act (ADA) to find a vacant position for Phil at an equivalent level or, if not available, at a lower level when he returns. Under the ADA, an employee may request additional leave even after an employer informs the employee that her or his position may no longer be available (or that it would constitute an undue burden to keep it available). If this happens, the employer is obligated to try to find a vacant position for the worker at an equivalent level or, if not available, at a lower level.

Phil,who Works as a Staff Manager at Holiday Inn,has a Minor