Forums
ADA advice
Legal Forum
ADA advice
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
FL Employer/location. Would like feedback to make sure I am handling this correctly:
Employee stated he had a disability in response to mgmt. asking him about his alertness as he was observed nodding
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId36661
Forums » Topic Forums » Legal Forum » ADA advice
|
ADA advice
posted at 8/5/2010 5:49 AM EDT
|
Posts: 2
First: 5/22/2003 Last: 8/5/2010 |
FL Employer/location. Would like feedback to make sure I am handling this correctly:
Employee stated he had a disability in response to mgmt. asking him about his alertness as he was observed nodding off at work. Employee then presents doc note stating "under care for seizure disorder and taking medication." Drafting my response to employee but my only question to the employee so far "What accomodations are you asking for?" Anything else I should be asking? Thanks. |
|
|
ADA advice
posted at 8/5/2010 7:36 AM EDT
|
|
Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
You need to start an "interactive process" with the employee and his medical provider(s). It is my belief that you start with a detailed job description and ask what tasks are problematic and what specific accomodations are needed. This information should come from the provider.
The EE cannot just say "I need to be able to sleep at my desk." That is not a reasonable accomodation. |
|
|
ADA advice
posted at 8/5/2010 12:32 PM EDT
|
|
Posts: 160
First: 12/5/2002 Last: 4/26/2011 |
We are in CA which is strict with employee accommodation issues. The employee giving you a note after getting in trouble for dozing off suggests that he is attributing the medical condition to his dozing off.
If the note did not say that he was unable to perform some or all of his job duties, then there isn't anything you legally need to accommodate. The note does not sound like it even says the medication makes him drowsy. When and if you have a note that specifies activities which he cannot do, then as Marc suggests, engage in the interactive process. "The note says your medication makes you drowsy, are you able to do you normal job duties with this limitation?" "what parts of you job can't you do?" If the Doctor's note states that he cannot stay awake or is at risk of falling asleep, ensure that he is not in a job such as driving, moving machinery etc. where this poses a safety issue. The rest of the discussion(if it goes that far) is asking him for suggestions on how the parts of his job he is having trouble with. Put the ball in his court to keep it interactive. You do not have to create a new position or displace another worker, but minor job adjustments are reasonable. |
|
|
ADA advice
posted at 8/5/2010 6:07 PM EDT
|
|
Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
If you don't have an ADA form to send with the employee to the doctor, I know I found some really good ones online that I modified to work for our group of companies.
Here is just one I found this evening: http://www.uthscsa.edu/eeo/request.asp Here's another: http://www.co.montgomery.tx.us/hr/requestforra.pdf I just googled "reasonable accommodation request form". I would provide the form along with the job description for the employee to take to the doctor. That way you have a process that is consistent and you can show that you took the next step in the interactive process. Then it is up to the employee to take a step and you get some medical backup to the issue. |
Forums » Topic Forums » Legal Forum » ADA advice
