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ADA Administration
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An employee was injured in an auto accident last year, subsequently sustaining a back injury (on personal time-not WC). The employee has exhausted all time off under FMLA within the 12 month period (i
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ADA Administration
posted at 1/24/2011 10:30 AM EST
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Posts: 6
First: 11/11/2010 Last: 4/4/2011 |
An employee was injured in an auto accident last year, subsequently sustaining a back injury (on personal time-not WC). The employee has exhausted all time off under FMLA within the 12 month period (in addition to multiple weeks of part-time light duty), and is seeking more intermittent leave. Under FMLA, they are ineligible, but what about the ADA? How do we determine if this injury qualifies, and if so what is the limit on "time off" as a reasonable accomodation? |
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ADA Administration
posted at 1/24/2011 1:18 PM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Search ADA Documentation of Disability Form and you should come up with some samples. I would take that and have the employee go to their doctor along with a copy of their job description (assuming the Job description has physical/environmental requirements).
I modified a form for my employees based on one I found online. Your first need however is to be able to decide whether or not this falls under the ADA's definition of disability. And it also gives the doctor some input into what type of accommodations are needed. here is one such example: http://www.boiseschools.org/benefits/ada.pdf For example, I had one employee who had a disc issue and had to be allowed to sit after 30 minutes of standing (at a front desk where employees were NOT allowed to sit). That was a reasonable accommodation, because she could still do her job sitting. Here's a more basic one from SHRM....http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/1CMS_021281.aspx After you receive the documentation, then by law you MUST interact with the employee, but it does not mean that you must accommodate them as they wish. Your goal is to find a reasonable accommodation that works for both sides. To go further, I would suggest reading through the following EEOC article: http://www.eeoc.gov/policy/docs/accommodation.html If you still have questions beyond that, I would suggest checking with a local labor attorney who is very familiar with ADA. |
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