Employee in Crisis

DeidreFR5

I just returned from vacation Monday to find we have had an employee situation while I was away (sorry, this is going to be long). Three Sunday's ago, our employee called her supervisor at home to state everything was falling apart, she didn't want to lose her job and did she have any time she could take off. The employee then shared that she has been committed before and has attempted suicide in the past. The supervisor didn't know what she had for time or what to do, so she said, to call her Monday. The employee saw her doctor who gave her an antidepressent and said a two week vacation was all she needed. She was given the two weeks vacation and came back Monday. She is a Call Center rep (one of our best), well, she is now crying on the phone and fell asleep yesterday. This morning she came to my office and said she is scared of everything; I had her call her doctor to make an appointment today and offered to call our EAP. She went back to her desk. She called me crying that she couldn't do it and I had her come back up. I called our EAP who are seeing her today. She is one month away from her first anniversary and has used up all her time.

What else should I be doing. She doesn't yet qualify for FLMA, we don't offer any other types of leaves. Where would ADA/ accommodations come in - being able to work with customers by phone is essential - basically the only job duty, and at this time she can't do it.

Thanks.

Don D

Get her permission to talk to the EAP therapist and follow that person's advice. ADA may indeed be in the picture. Medication and therapy may turn her around quickly and make her the best call center worker you ever had. Don't give up on her. You've done about all you can for the time being.

Crout

And even though you do not formally offer other types of leave, allowing her to take an unpaid personal leave of absence for a set period of time may be seen to be a reasonable accommodation for the purposes of ADA.

pork1

Personal time off without pay is one that we do offer, which might get you beyond the 12 month requirement for FMLA. We do have the ee pay in advance the medical premium payment to keep it in force. However, check with your carrier first, all do not necessarily allow this provision. Ours did not until I convienced them otherwise. It sounds like there maybe some panic attack signs in your situation.

In that the use of the telephone is a critical and essential part of the job, I believe I would refer the ee to the company physician and have them make a medical determination of her illness as it pertains to the job task and the ee's ability for long term relationship. If medically disqualified for the essential and primary job functions, you may be better off to call it quits. She could be medically disqualified for the communication arena, but be able to function quite well as a "highway maintenance engineer".

PORK

Rockie

You need to start the interactive process with her therapist. She may not qualify for FMLA as yet, but she probably will qualify for ADA. She will need to sign off for the therapist to talk with you. I usually get with the therapist and give a list (even a job description) of the essential functions of the position. Then, the therapist makes the determination if she can perform the essential functions of the position with or without some type of accomodation (leave is an accomodation).

Sometimes people are going thru a rough patch in their lives and just need a little time off to get back on track (or get their medication adjusted).

seeleyhr

Discussed this with a DOL Rep because we had the same situation and employee not here a year; however, employee finally was terminated for other reasons. If you grant them a leave and it goes past their one year anniversary date, you are bound to give them the 12 weeks of FML once they hit their anniversary date. If you drop benefits, you must also pick those up at that time. Hope this helps.