NEED HELP FAST !!! FMLA Employee Returns

tfevergrn

In the state of Iowa, we have an employee who was out on FMLA, as a result of having several of his fingers cut off on one hand, while working at home over a weekend. They were able to reconnect a couple of the fingers. This employee is an apartment maintenance technician. Our ONLY maintenance technician. We only need one maintenace technician. The employee was released back to work with the restriction of not using the injured hand. The essential functions of a maintenance technicians job is electrical repairs, plumbing, painting, equipment maintenance, sweeping, mopping, apartment unit preparation, carpentry, carpet, tile, screens, garbage disposal, fixtures, appliances, and blinds replacement, installation of glass in windows, partitions and doors and installation of locks and wall fans.

None of these essential functions, I feel can be done with "one" hand. We have no other positions open at this property. We do not have a light duty program and we have no other work that this employee can do to accomodate him. The closes other property we have in Iowa is five hours away and there are no positions open there either. As I believe he would now be protected under the ADA. Outside of engaging in an interactive session to determine if we can provide a reasonable accomodation (which we probably can't), what else do I need to consider? The employee has only been out on FMLA for 3 weeks. The employee has stated to the property manager that he has spoken to an attorney and his attorney said that we have to take him back to work, but that we could reduce his pay. This does not sound correct. Creating a position or work would be a hardship and something I believe we do not have to do.

What do we do with this employee? Any help would be greatly appreciated!!! Attorney input would be even more appreciated......One final note, we have not allowed him to return to work yet, we have done nothing at this point. He was released to work today.

Margaret Morford

You need to consult an employment attorney. You have FMLA issues and maybe ADA issues. An attorney can work through these with you and outline a course of action rather than just "rolling over" and taking the employee back. It will cost you a lot more to take this employee back than it will to review this with an employment attorney. If you don't have one, this Forum will identify a good one that specializes in employment law. Go back to the home page and look just above the Employers Forum on the left-hand side of the page and click on "Find an attorney". Good luck.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

jmssr

I think you are safe to tell this employee that you have no work available for him. I know of no law under ADA that requires you to create a position for anyone or reason.