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Disability and Working from home
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have an employee who was supposed to start a non-FMLA maternity leave (she doesn't qualify yet) next week. She is the only one in her dept. We have been unsuccessful in finding a temporary replacem
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Disability and Working from home
posted at 7/2/1999 5:10 AM EDT
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Posts: 2
First: 7/2/1999
Last: 4/20/2000
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We have an employee who was supposed to start a non-FMLA maternity leave (she doesn't qualify yet) next week. She is the only one in her dept. We have been unsuccessful in finding a temporary replacement or permanent addition. She feels very responsible for the dept. and is very concerned about the work that won't be done while she is gone. She has offered to work from home during her leave, asking that we provide her with a laptop and some administrative support in the office and that she could come in once a week to do whatever she needed to do in the office. We've never done anything like this. It's against my better judgment but at this point, without anyone else there, we're stranded. I've made her aware that she would not qualify for STD since she's working and that she should keep a timesheet of hours worked and that we would pay her accordingly. What else should I be aware of? What potential problems do you see with this arrangement?
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Disability and Working from home
posted at 7/12/1999 4:24 AM EDT
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Posts: 2217
First: 6/16/1999
Last: 12/13/2001
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The short answer to your question of "potential problems" is precedent for other employees. Any time an employer provides a benefit to one employee and denies it to another, it may have to explain why. Does she have sick time/vacation time she can use until she becomes FMLA eligible?
From your posting, you may have reasonable explanations. To the extent you are "stranded" without this employee, it sounds like you have a good reason for allowing her to work at home (particularly if she is effective working from home)-- you need her. Have you considered a policy allowing employees in her job classification the option of working at home (temporarily) under appropriate circumstances? Designing a policy to cover this situation would help you respond to allegations that you grant/deny the right to work at home for discriminatory reasons.
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