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Showing Up for Work: Do Courts See It as ‘Optional’?

Business Management Daily (04/26/12) Mindy Chapman

When disabled workers take leave under the Americans With Disabilities Act, their ability to call in absent is not open-ended. If regular attendance is an essential component of the job, then calling in absent is not a “reasonable” accommodation, the Ninth Circuit Court found in Samper v. Providence St. Vincent Med. Ctr. To protect your company from ADA lawsuits, determine whether physically showing up is essential, then make this clear in the job description.