Committee adds language recognizing unpaid leave as possible ADA accommodation

The North Penn School District policy committee recommended a first reading of a revision to Policy 339 that explicitly recognizes unpaid (uncompensated) leave as a reasonable accommodation under the Americans with Disabilities Act for employees who have exhausted other leave options.

Carl Summers, district counsel, explained that “under the Americans with Disabilities Act, when the district has employees who have a disability, there's generally an obligation to provide those employees with ... reasonable accommodations” and that “one form of reasonable accommodation that does need to be considered ... is uncompensated leave.”

Under the revised language described at the meeting, uncompensated leave may be provided for a limited period when other accommodations are insufficient; the district must consider whether the leave is reasonable given the employee’s job duties and whether there is an expectation for a date of return. The policy as presented also states that the board would be notified of uncompensated leave provided as an accommodation through the routine personnel report the board receives.

The committee discussed that the district has already been providing such leaves in practice and the revision is intended to add that practice into policy. The committee recommended the package of three policies for first reading; the motion to approve for first reading carried by voice vote.

The revision does not specify exact durations, eligibility thresholds, or dollar amounts; those operational details were not set in the committee discussion and would be handled through personnel processes and relevant employment law.