ADA

njjel

An employee wants to come back to work after a six month absence and must be in a wheelchair w/her foot elevated. Her position requires that she lift files (which she obviously can't do now). Are we required to return her to work? Yes there are other duties we could have her do, but they are not in her current job description and other staff would have to do the duties she is no longer able to do.

Gillian3

Assuming that the wheelchair restriction is temporary, it isn't an ADA issue. If that is the case deal with it as you would any other employee with a restriction. If she is permanantly in a wheelchair, you may have an ADA issue and would have to go through the analysis of essential duties and reasonable accomodation.

Geno

njjel,

Your post doesn't say -- but medical/health situations that are temporary in nature typically do not qualify for ADA protection.

That doesn't mean however, that for a variety of other reasons, i.e., management philosophy, past practice etc., you shouldn't consider making some type of accomodation -- that's your(management's) call. Absent ADA concerns, it is the employer that determine when and under what circumstances an employee is allowed to return to work.

Geno, SPHR

pork1

NJJEL: Was this 6 month medical situation a FMLA or a Worker's Comp Case? If FMLA case the person would have already been terminated. If W/C we would accomodate with a utilties technician position at a very low wage rate, otherwise she remains out until the physician can get her medically qualified or disqualified. We deal with those issues as they arrive.

PORK

njjel

It was not workers comp. She has used her FMLA leave and is now returning.