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Winston v. Ross, (10th Cir. Feb. 27, 2018)

Articles Discussing Case:

Donations Not Accepted – ADA Does Not Require Continued Use of Leave Donation Program

Jackson Lewis P.C. • March 14, 2018
Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such donated time means the employee is not performing the essential function of attendance. On the one hand, the employee is not violating any attendance rules if the time off is donated under the program. On the other hand the employee may be taking an excessive amount of time off that is disruptive to the employee’s performance of essential job functions.