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Attendance & Safety as Essential Functions
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Attendance & Safety as Essential Functions
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
We are planning to add statements regarding "regular and timely attendance" and "performing the essential and marginal functions in a safe manner" to all our job descriptions. Does anyone have languag
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Forums » Topic Forums » General Forum » Attendance & Safety as Essential Functions
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Attendance & Safety as Essential Functions
posted at 6/29/1999 5:01 AM EDT
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Posts: 2
First: 6/29/1999 Last: 5/28/2002 |
We are planning to add statements regarding "regular and timely attendance" and "performing the essential and marginal functions in a safe manner" to all our job descriptions. Does anyone have language they can share? Are there any legalities we need to be aware of? |
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Attendance & Safety as Essential Functions
posted at 6/30/1999 1:38 AM EDT
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Posts: 31
First: 6/30/1999 Last: 10/7/1999 |
My company guidelines read as follows: "Good attendance and punctuality are vital for efficient client service and effective operation of the company. You may not be excessively absent or late for any reason. If you are unable to come to work or will be late for any reason, including for medical reasons, you are expected to promptly notify your manager, or other designated individual. Unless restricted by applicable (state or local) law, your manager may request medical evidence acceptabe to the company for any absence of any length due to medical reasons. In addition, you may be required to be examined by a doctor of the company's choice."
The above refers to common, occasional absences, not leaves of absence or employees who take job-protected medical and family leave (FLMA). You probably should tailor any statement you write to reflect your company culture and size. In reality, our company does not require a doctor's statement unless the employee is sick for five consecutive work days. Also, be aware of state and local laws that may impact your employees as well as Federal law. Regarding "essential and marginal functions", you may have to specifically define those functions, since the statement will appear in job descriptions for various job family classifications in which the functions may differ. Hope this helps. |
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Attendance & Safety as Essential Functions
posted at 6/30/1999 7:19 AM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
Regarding attendance, make sure you hold all employees, both disabled and non-disabled, who are similarly situated to the same attendance expectations. Otherwise, if you wind up "nailing" disabled employees who have leaves as reasonble ADA accommodations, you're going to wind up with a discrimination charge and EEOC all over your back. I would also make sure that if you use language like you're suggesting, that you make sure that your company does provide reasonable accommodation in accordance with ADA for qualified disabled individuals who can perform the essential duties of the job. For your info, this may mean that NON-ESSENTIAL functions for your company's employees or job applicants may need to be removed if they are ADA qualified and CANNOT perform those duties safely. |
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