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Medical Accomodation
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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 8/7/2009 2:13 AM EDT
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Posts: 21
First: 7/10/2009 Last: 10/20/2009 |
The meeting was fast and furious.
We decided to allow 1/2 off early and try to 1/2 for lunch to make up the time. This is a trial for a few weeks. HR requested that I keep a close eye on performance which provides a forum for corrective measures. |
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Medical Accomodation
posted at 9/16/2009 1:36 PM EDT
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Posts: 21
First: 7/10/2009 Last: 10/20/2009 |
As a follow-up, we agreed to allow the accommodation for a temporary trial. Since this time, I had one of my top employees request an accommodation. When I requested the accommodation be reduced to writing, this employee left my office with an okay and returned five minutes later. She was close to tears and said please forget I asked.and I replied with supportbut she said forget it.and were fine.
Hence, my gut here is that this accommodation needs to end. This managers department has fallen apart, no improved results and my boss is now pissed at me. He feels that I am not taking charge and this manager is making me look bad. I agree that enough is enough at this point. So my question to the HR Professionals, how do I get myself in good graces and address this problematic manager without opening the door to legal action? In some ways, I do feel a bit set-up for a fall but my boss may be giving me sound advice. Frankly, I believe the initial decision should have been to deny this request unless there was some form of legal basis for accepting these arrangements. At this point, the medical illness is not know and how does leaving 1/2 early solve anything? And,,, I am not happy requesting this person work 1/2 lunch...for this may cause another issue depending on the medical condition. Help.... |
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Medical Accomodation
posted at 9/16/2009 1:41 PM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Let me try this again. You didn't offer FMLA, you didn't give the forms for either individual to request FMLA. Consequently you are in violation of the statute.
You need your HR Rep's support to get out of this mess. That is where you should go. |
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Medical Accomodation
posted at 9/16/2009 3:23 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
You need help desperately from your HR person because either FMLA and ADA could possibly be applicable if this is a medical condition -- until you get more information/certification you should not be making any decisions at all.
With FMLA it is the employer's responsibility to be proactive and give the employee the paperwork. With ADA, once the employer knows about a possibly disability and a request for acccommodation, the employer MUST be willing to discuss the accommodation. You need help...fast.... |
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Medical Accomodation
posted at 9/17/2009 4:32 AM EDT
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Posts: 21
First: 7/10/2009 Last: 10/20/2009 |
Great news today....!!!
My previous HR rep is ....MIA.... and I now have someone else to help me. For once I feel like I am in good hands that can outline my options and provide a legal basis for the business decision. Yes... I need HR support and fully expect to get in. |
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Medical Accomodation
posted at 9/25/2009 12:53 PM EDT
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Posts: 21
First: 7/10/2009 Last: 10/20/2009 |
More good news...
My previous HR contact appears to be gone... big mystery... but I am thrilled with the replacement. Accordingly, the medical issue will be addressed to the requesting doctor (questionare provided) and HR plus legal will decide on next steps. My gut here is the request will be denied BUT...if accepted... I feel strongly this was handled with a process rather than just giving in with no basis. If all parties deny the request, I will follow based on their recommendation. The other part of this saga is I now have a contact in HR that can address the overall issues with this employee. |
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