Blind leading the blind!
Moria
78 Posts
I am sure if I stopped and thought this through I could come up with an answer myself, but I have been dealing with this employee for the past three days on a variety of other issues including some passive aggressive behavior, defensiveness, non-team orientation, etc. And this is a long term employee, 4+ years. And, she works customer service as a receptionist, who works in our organization that is made up of mostly master level or higher employees, she holds a bachelors but has very low self esteem.
Here is the kicker. Trying to work a schedule between two employees (her included) that requires some evenings, until 10pm, and some weekends. She feels that since she has seniority over the other employee she should not have to flex her schedule, even though we do not have a "seniority" policy, and we have had to flex her schedule every summer she has been here. Soooo, she can't work nights. Guess why not. She has night blindness, actually cataracts that she is not having surgery for until the end of the summer (sorry-I may get somewhat cynical). We are in a rural area of Colorado, with no public transportation except for a lone taxi, she does have a husband whom she wants us to reimburse for running her back and forth, (25 miles), and she has put her "foot" down, and is not going to work but two evenings.
I am asking her to provide me with a statement from her physician that she cannot drive. Now, if her physician states that she cannot drive nights can I a) contract with the taxi service to take her to and from work (I refuse to reimburse her husband to drive her to work - can you believe thatx}>, (b) cut her hours now that we are into daylight savings, and send her home at dusk, or (c) post the schedule and demand that she either work the hours or "not"! "Not" of course has a severe consequence.
Is this a bonafide ADA issue, I suppose. Can you tell my patience and mood are wearing, and with her passive aggressive behavior she has put me on my last nerve. You know the one, straight up my neck!!!!!
Please help!!! x:'(
Here is the kicker. Trying to work a schedule between two employees (her included) that requires some evenings, until 10pm, and some weekends. She feels that since she has seniority over the other employee she should not have to flex her schedule, even though we do not have a "seniority" policy, and we have had to flex her schedule every summer she has been here. Soooo, she can't work nights. Guess why not. She has night blindness, actually cataracts that she is not having surgery for until the end of the summer (sorry-I may get somewhat cynical). We are in a rural area of Colorado, with no public transportation except for a lone taxi, she does have a husband whom she wants us to reimburse for running her back and forth, (25 miles), and she has put her "foot" down, and is not going to work but two evenings.
I am asking her to provide me with a statement from her physician that she cannot drive. Now, if her physician states that she cannot drive nights can I a) contract with the taxi service to take her to and from work (I refuse to reimburse her husband to drive her to work - can you believe thatx}>, (b) cut her hours now that we are into daylight savings, and send her home at dusk, or (c) post the schedule and demand that she either work the hours or "not"! "Not" of course has a severe consequence.
Is this a bonafide ADA issue, I suppose. Can you tell my patience and mood are wearing, and with her passive aggressive behavior she has put me on my last nerve. You know the one, straight up my neck!!!!!
Please help!!! x:'(
Comments
Some years ago,we also had an employee who could not drive at night and had medical verification from her physician. We are a retail chain and the store staff works various shifts and weekends. I can't recall all the details, but she was a difficult and manipulative employee,however, we did accommodate her under ADA. Since she could not drive past dusk or before sunrise, we felt it was a reasonable accommodation for her to work more weekends that the other cashiers since they had to pick up her late shifts during the week. I think she refused this, so she lost the hours that would have been scheduled as late shifts.
Again, we are a larger company and with so many employees, it would have been difficult to defend failing to accommodate her. Plus, we did not want to be responsible for her having an accident. She lived too far away to use public transportation.
I do think you are obligated to have an interactive dialogue with her to try to reach a reasonable accommodation. I was not clear if you expected her to pay for the cab and I am not certain, depending upon the cost,if that would be reasonable. Prehaps others have more sound advise.
Elizabeth
As I see it, the employee is responsible for getting themselves to and from work. That is their responsibility not the companies. Work with them both the best you can then set the schedule. If she refuses, let her know you will have to replace her. Since her condition can be corrected and might be considered temporary it might not be covered by ada. Why is she waiting so long to have the surgery done? What will she use as her excuse then?
My $0.02 worth.
DJ The Balloonman
All of a sudden she can "accomodate" us, hmmmm, was it the request for
a doctors statement. Many thanks. Moria
ps I am having a much better day. Amazing what a glass (or two) of wine
do.
And let that be a lesson to everyone..........about the power of a glass or wine or two, or a relaxing ice tea. Many of these problems due seem to clear up once we fail to cave to the unreasonable demands of the employee. Most think they are irreplacable. As we all no, everyone, including ourselves can be replaced.
Keep in the back of your mind how difficult she can be for future issues.
My $0.02 worth.
DJ The Balloonman
Slap a quick ad up on the internet, outline the variable shifts, and change nothing with your other blind employee.
My $0.02 worth.
DJ The Balloonman
Quit your HR job and hit the televangelist circuit. You apparently have the power to heal!
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]