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ADA Accommodation Request/Paid Time Off
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ADA Accommodation Request/Paid Time Off
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I have an employee who recently approached me about an accommodation request. She has a bad back and the accommodation she requested was additional paid time off and occasional working from home. Our
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Forums » Topic Forums » Legal Forum » ADA Accommodation Request/Paid Time Off
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ADA Accommodation Request/Paid Time Off
posted at 5/4/2010 5:27 AM EDT
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Posts: 4
First: 9/8/2008 Last: 5/4/2010 |
I have an employee who recently approached me about an accommodation request. She has a bad back and the accommodation she requested was additional paid time off and occasional working from home. Our policy allows 5 sick days per year, which she has said is not enough. We are covered by FMLA, however, the employee is not eligible since she has been employed for less than a year. Even though she isn't FMLA eligible, we don't have an issue with her taking time off from work as needed and/or working from home occasionally. The question is whether any additional time off beyond our policy should be paid. She is likely to exhaust all of her sick and vacation time before the year is out she has probably used most or all of her sick days already. I don't think legally we are required to give her any additional paid time off, but I am looking for confirmation. Could it possibly be considered a reasonable accommodation to give more paid time off?
Also, assuming we don't grant any extra time off, what is the proper way to administer her salary as an exempt employee? Once she's used up all of her time off, she can be docked for each full day off where she doesn't perform any work, correct? But if she performs any work, even if only 15 minutes, she still gets paid for the day. How should we handle if she works some weekends? I know that normally as an exempt employee it wouldn't matter when she worked, but since she will likely be missing some days and not getting paid for them, are we allowed to let her “make up†the time on weekends or credit the weekend time towards her unpaid time off to lessen the negative impact on her? Or could doing this jeopardize her exempt status? |
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ADA Accommodation Request/Paid Time Off
posted at 5/4/2010 5:57 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I'd certainly recommend against giving additional sick time. It's a precedent path you need not go down.
I would question the ADA applicability here. Is this really a condition effecting a major life function? Are you taking her word for it or have you requested a second opinion? I tend to be suspicious of "bad backs" mostly because it's been abused by so many WC claimants and chiropractors. |
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ADA Accommodation Request/Paid Time Off
posted at 5/4/2010 6:07 AM EDT
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Posts: 4
First: 9/8/2008 Last: 5/4/2010 |
I have a letter she gave me from the state social services bureau of rehabilitation services. The letter says that she has received services from them, that they assist eligible individuals with significant disabilities and that she may require an accommodation. It also says that medical records will be provided upon request, but I have not pursued this. |
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ADA Accommodation Request/Paid Time Off
posted at 5/4/2010 6:52 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
One other note...as soon as she is eligible for FMLA, FLSA does allow you to deduct partial days for FMLA timeoff.
For unpaid days off, you need to make it very clear that no one from the office should contact her at all. She should NOT be checking phone messages or emails, etc. It truly has to be time unencumbered. I too would NOT think increasing paid timeoff was an accommodation. Do you allow other employees to work from home, especially any doing like tasks? If so, you have a precedent that would probably be a reasonable accommodation. Do you allow UNPAID timeoff? If so, that might also be a reasonable accommodation -- but realize part of ADA is to allow the employee to work, not to have a lot of timeoff -- that's what FMLA protects. I have a really great article from the EEOC bookmarked about FMLA vs ADA and reasonable timeoff. http://www.eeoc.gov/policy/docs/fmlaada.html |
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ADA Accommodation Request/Paid Time Off
posted at 5/4/2010 7:10 AM EDT
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Posts: 4
First: 9/8/2008 Last: 5/4/2010 |
We do allow people to work from home and are ok with her doing it too (she already has been occassionally). We don't have a problem with allowing her to take unpaid time off either. I figured both of these would be considered reasonable accommodations and we are fine with them. It was just the additional PAID time off issue that I was wondering about. I didn't think we were required to give it to her but wanted to make sure. Also sounds like nobody is recommending it as a best practice. So I do feel more comfortable now with our position - thanks again for the responses.
P.S. - Hi Ruth! I used to be on MyWave with you. I don't come on here very often but it's good to see you here. -Rita |
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ADA Accommodation Request/Paid Time Off
posted at 5/4/2010 7:29 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Her request would be considered reasonable under the ADA. However offering paid time would not. It appears you have the proper documentation and now need to determine if the essential functions of the position can be performed with the accommodation requested or offer another idea. It does not have to be how the individual specifically requests it. |
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