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ADA and Battered Woman
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ADA and Battered Woman
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have an employee who has missed a significant amount of work due to a battering situation. She has been off numerous times because of injuries received by an abusive partner. She was permitted two w
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ADA and Battered Woman
posted at 6/16/1999 9:31 PM EDT
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Posts: 2
First: 6/16/1999 Last: 6/18/1999 |
I have an employee who has missed a significant amount of work due to a battering situation. She has been off numerous times because of injuries received by an abusive partner. She was permitted two weeks off to go to a battered women's shelter and receive counseling. Two weeks later she is now calling in to tell me she can't come in because of serious bruises to her face. She does not want to face her coworkers with these bruises. Her coworkers are becoming extremely stressed trying to do their jobs while covering her responsibilities. Do I have the right to place this woman on probation for attendance problems and threaten (and carry out) termination procedures if she does not resolve her attendance problems. Does battering fall under ADA as a physical and/or mental condition? Is this legitimate "sick leave" that prevents me from taking action? |
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ADA and Battered Woman
posted at 6/16/1999 11:00 PM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
Battering does not fall under ADA since it is clearly not a medical condition but rather an environmental condition. Unless there are state laws that address employment conditions of battered women, I would think that you have the "right" to treat an excessively absent employee due to battery as you would any other excessively absent employee. However, your going to have some "political" and "p.r." issues to contend with. Before you jump off the cliff into the darkness, talk to the employee...maybe a leave can be arranged under FMLA (if the injuries result in serious health condition) or personal leave where she can take extensive time off to really resolve her living arrangements (away from the "slimeball") rather than through stop-and-start leaves with the expectation that upon her return to work, she won't be in a situation where she needs further leave because of abuse. (Maybe after you talk to her you will find a hook under ADA to grant such a leave...but you would need to do an assessment for qualifications. I only mention this as a possibility and not a likelihood that she qualifies for leave under ADA as a reasonable accommodation.) |
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ADA and Battered Woman
posted at 6/17/1999 5:43 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
I do not know whether the employee has a disability or a serious medical condition under Federal law. It would seem that the cause of her injuries does not qualify, but the psychological effect of her injuries and her inability to come back to work to "face her peers" (as if SHE did something wrong). Thus, the employee might be entitled to leave. I recommend you consult with a labor and employment relations attorney.
I might also suggest that, as you have evidence of a CRIME, that you call the police, press criminal charges, and throw the Son of "Gun" who did this in JAIL. |
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