While the EEOC routinely enforces ADA requirements that prohibit inflexible return-to-work policies, employers nonetheless continue to expect employees returning to work after an illness or injury to go back to work 100 percent healed or without physical restrictions; despite the ADA clear mandate to consider reasonable accommodation or job reassignment. Employers should appreciate that return to work after illness or injury policies must be flexible pursuant to ADA non-discrimination requirements. Essentially, a returning employee with any type of restrictions triggers the ADA required interactive accommodation process. This session will focus on issues relating to "no fault" leave policies, or inflexible return-to-work rules that violate Title I of the ADA by default. Discussion topics will include possible reasons for the continuing violations and how significant court and EEOC responses tackle the problem along with a review of recommended practices.