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Employee wishes to continue working even though we don't feel it is safe for her to do so...
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Employee wishes to continue working even though we don't feel it is safe for her to do so...
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have an employee that is currently on an approved intermittent FMLA leave. According to her med. cert. she is able to work her regularly scheduled shifts (FT, 2nd shift) and only needs time off for
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Employee wishes to continue working even though we don't feel it is safe for her to do so...
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Employee wishes to continue working even though we don't feel it is safe for her to do so...
posted at 1/31/2010 12:27 PM EST
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Posts: 4
First: 8/2/2009 Last: 1/31/2010 |
We have an employee that is currently on an approved intermittent FMLA leave. According to her med. cert. she is able to work her regularly scheduled shifts (FT, 2nd shift) and only needs time off for doctor's appts. and 1 day every 3 months for episodic flare-ups. Her supervisor feels the employee is putting her safety at risk by continuing to work. Our company is a nursing home and she is required to push residents in wheel chairs etc. and she is having visible difficulty completing those tasks. As an employer, what are our options? Can we suggest that she go on reduced hours? This is a new situation for me so anyone that can give some advice would be great.
Thanks. |
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Employee wishes to continue working even though we don't feel it is safe for her to do so...
posted at 1/31/2010 1:17 PM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
You can request she take a copy of her job description with the appropriate physical demands information and have her physician tell you whether or not she can do the job. You can even get a second or third opinion (at your expense). Once you have that information you can determine whether or not any ADA considerations must be given. |
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Employee wishes to continue working even though we don't feel it is safe for her to do so...
posted at 1/31/2010 1:26 PM EST
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Posts: 4
First: 8/2/2009 Last: 1/31/2010 |
If her physician states she can do the job, do we have to comply and let her work even if we still feel it's unsafe for her to do so? Thanks for your feedback. |
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Employee wishes to continue working even though we don't feel it is safe for her to do so...
posted at 1/31/2010 1:51 PM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
You would be entitled to get a second opinion from a physician of your own choosing, preferably one which specializes in occupational health. I would recommend that you do so.
I would also check with your WC provider. Any injury that the employee would suffer on the job would probably wind up on your WC insurance from that point forward. |
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Employee wishes to continue working even though we don't feel it is safe for her to do so...
posted at 1/31/2010 4:08 PM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
When all is said and done, and you have gone through the drill of two or three medical opinions, if a Physician says she can safely do the job then she can safely do the job (medically speaking of course). Then, all you can addrress are performance issues. |
Forums » Topic Forums » Legal Forum » Employee wishes to continue working even though we don't feel it is safe for her to do so...
