Eye Problem

HCCADC

I have an ee who is stating that she cannot drive in the dark. Her hours are in the early am, when it is dark. She did not have a problem until recently. She said that due to allergies, it could be hazardous for her to drive b/c her eyes tear up. She got a dr excuse that says "this condition makes if difficult for her to drive in the early am". I told her that I would need the dr to state specifically if she could or could not drive in the dark. Also, I explained that if she is unable to drive in the dark, that she may have a reduction in hours due to program needs.
I am looking for confirmation that I handled this correctly, plus any other info that you would tell the ee. Also, would you consider this under FML since it is a medical condition? Would I need to give her intermittent leave?
Thanks in advance for your opinions/experiences!

marc

First, I don't think this rises to the disability level, so you should not go through the accomodation discussion at this point. As to FML, I don't think allergies ordinarily rise to a qualifying level.

Has she asked for hours that have her leaving her house and returning only during daylight hours? If you do not have such a job or the job she does now needs to be covered during certain hours, she may be disqualifying herself from work.

By the way, it is not up to you to determine how the EE gets to work, that is her problem to solve. Public transportation, taxis, car pools, walking and probably more are other ways she can get to work on time - she chooses to drive, but if she cannot, that is not your issue, it is hers.

As far as the Dr stating she cannot drive in the dark, I don't think that changes anything for you. Driving is not a major life activity and would not require you to accomodate.

Just my opinion - others who know more about ADA issues might offer more.

WT

Does this employee drive for you as a condition of employment? That could require accommodations in duties. I did read one case where an attorney had a disability and wanted her firm to provide paid parking for her nearby (it was very pricey) the firm did not agree and the matter went to court with the court directing the firm to provide the parking. In that case, the court was seeming to say that getting to work is an intregal part of employment even though this person could have taken a taxi, gotten a ride from others, etc. That being said, I think this case is an example of a doctor writing what the patient asks for. If eyes fill with tears, why would not any and all driving be dangerous? Is there a restriction on her license against driving in the dark? Does she go out at night after work or is she only unable to drive in the dark if it involves coming to work?

HCCADC

WT-good questions. No she does not drive for work purposes, it is strictly home to work travel. There aren't any restrictions on her license. It said in the dark, so that could be anytime, but I have the same question--does she drive when it is for other purposes than work. My guess--yes. She wants it to be at her own discretion, which I explained that it could not be when it comes to the requirements of her job. I think I am holding the stance that if the doctor provides an excuse that she CANNOT drive in the dark, then we will need to reduce hours in order to provide services. (or if she says she does not want to drive and is only available in the daylight hours)
This ee has been working at 6:30am and just had hours changed to 6:15am--that is what caused the meeting that she could not drive in the dark. However, she also works at times to 5:45pm and is not having an issue with that time. In the winter, it is dark both in the morning and afternoon from about 4pm on.
Thanks for your reply MT and Marc!
If anyone else has any info to add, I would appreciate it!

System

It's not your problem as long as it's not ADA or FMLA. Lots of people don't drive or don't have a car but still manage to get to work every day.

James Sokolowski
HRhero.com