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Medical Accomodation
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have a manager requesting a reduction of standard work hours due to a medical issue. While he has a doctor’s note, I am tasked with deciding to accept or deny. HR is suggesting accepting and e
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Forums » Topic Forums » Legal Forum » Medical Accomodation
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Medical Accomodation
posted at 8/5/2009 4:00 PM EDT
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Posts: 21
First: 7/10/2009 Last: 10/20/2009 |
I have a manager requesting a reduction of standard work hours due to a medical issue. While he has a doctor’s note, I am tasked with deciding to accept or deny. HR is suggesting accepting and executive management is leaving this up to me but has proposed a temporary arrangement. If I can prove a business need, I may be able to deny this one. My concern is protecting the company from legal action and keep the troops from revolting.
If I accept the accommodation, I will be tasked with adding more work to my plate and the impact that will cause on the existing staff. The manager making the request is barely at meets expectation in performance. The perception of his staff is that he just does not care and I agree. Help… |
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Medical Accomodation
posted at 8/5/2009 5:35 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
You potentially have both FMLA and ADA issues like Nork referenced.
You can ask for more than a dr's note -- you can ask for certification under either law. I would start there. If you need the FMLA form, the DOL has a standard one. If you need one for ADA, post back here with an email where I can send you one I modified that I found on the 'net. There are also others on the 'net that you could modify. I think the one I used was from Baltimore Public School System. It was a great form! The last thing you want is a retaliation claim for terminating someone who is protected under FMLA or ADA. The employer rarely wins and the cost is high....even if you could prove this was a poor performer. This is also why companies are at risk when they have a poor performer than they don't review and give goals to become better BEFORE finding out about an FMLA/ADA claim. So I would recommend paying the hourly rate of a competent employment law attorney prior to making any termination decision on this employee. |
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Medical Accomodation
posted at 8/5/2009 6:15 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
You'd better be on very solid ground if you think you can deny this. Understand that as a part of the reduced work hours the FMLA allows you to reduce wages during this period, even if the individual is FLSA exempt. That may help soothe some frustration for you.
The bottom line is that if you choose to deny this understand the ramifications with the biggest one being you can be held personably liable and sued individually for violating your employees FMLA rights. |
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Medical Accomodation
posted at 8/6/2009 1:53 AM EDT
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Posts: 21
First: 7/10/2009 Last: 10/20/2009 |
Thanks everyone...
I like the FMLA idea and do not need forms. Last question....for this type of job, in this economy...these managers are extremely busy putting in 50-60 hours per week or more. My employee wants to do less than 35hrs and have no reduction in pay. The angle is "oh, I am reading and answering emails". I expect lots more from my entire staff and I have staff making half of this person's salary working very hard with awesome results. This is probably more venting on my part. |
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Medical Accomodation
posted at 8/6/2009 4:10 AM EDT
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Posts: 1783
First: 11/11/2003 Last: 5/13/2010 |
As previous posters have mentioned, at this point you're stuck with going down the FML route, but at least you can require him to use available paid leave for the time he misses or reduce his salary.
With 20/20 hindsight, you should consider that part of the reason you have this dilemma is that you may have not been managing his performance effectively (or, to be fair, hindered by your superiors from doing so). There is more to good performance than completing tasks. There are behavioral expectations as well. Why do you and his staff believe that this employee doesn't care? He surely is exhibiting one or more behaviors that add up to a less-than-positive attitude. Had those behaviors been addressed, perhaps you'd have someone in that role who is a better value to the organization. |
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Medical Accomodation
posted at 8/6/2009 6:07 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
You may not like forms, but you should follow whatever FMLA procedures your company has in place. This may require an application for FMLA from the employee and should certainly require a doctor's certification.
You should check with your HR department before you go any further. |
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Medical Accomodation
posted at 8/6/2009 7:24 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
It would be easier if you sat down with your HR rep for a traditional 'dog and pony show" on how FMLA works. But in brief, it provides job protected leave from work for a serious health condition of themselves, a family member or birth/adoption of a child (not a grandchild, niece nephew, etc). It can also provide, under certain circumstances, for a reduced schedule for the employee (the FMLA also allows employers to reduce hour per hour the wages of FLSA exempt employees so affected) You can read up on it yourself at www.dol.gov/esa/whd/fmla/ but I would strongly encourage you to also talk with your HR department before moving forward with any decision. I would not dally either, unreasonable delay can also cause issue for you. |
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