FMLA/ADA Abuse? HELP

AnneLa

I'll try to be brief..... I have an employee who has used all of her FMLA time for several reasons, psoriasis treatments, mother had a car accident, sprained ankle, and broken wrist. Now, she is asking for more time for additional psoriasis treatments. She is a 30 hour per week employee. Is psoriasis an ADA coverd condition? Before I start the "interactive" conversation, not sure if this would even be considered ADA. Also, the employee is not willing to reduce her hours of work as an accommodation, I've already offered her that much. She does not want to lose her health coverage - but has not made any attempt to return to work knowing her department is short handed. Any advise would be appreciated.

Anne

Balloonman

Is dry scratchy skin a disability? Hmmmmmm how have you handled others who have used up all their FMLA? Remember what you do for one, you must do for all. While I may be wrong, I don't see psoriasis as an ADA condition. Also depending on her schedule, if she only works 30 hours a week, why can she not schedule treatments around work? I do not think that is an unreasonable request. Of course if she is uncooperative, then hold her to your attendance policy. Once the 12 weeks of leave is used up, it is gone until the next year.
My $0.02 worth.
DJ The Balloonman

deniseE

I have to agree...FMLA was intended as a way to help people balance health/family needs while not being afraid to lose their jobs, while providing the employer with a tangible "end date" so that they could reasonably plan for business needs.

I'm sure that she doesn't want to lose her insurance...but to have that benefit you must work for it.

Life events happen...and sometimes they just cannot be avoided...but that does not mean that the employer must bear the burdon of absent employees.

If your policy offers an upaid LOA, maybe you could do that, if you're interested in having her return healthy at some future date.

Otherwise follow your policy...because any decision you make now will be setting the policy for the rest of your workforce.

Brad Forrister

Psoriasis can be an ADA-covered condition. There's at least one court opinion saying so, from the Sixth Circuit. The severe form of the disease involves both skin lesions with profound itching and psoriatic arthritis. The skin lesions usually require ongoing weekly treatment that shouldn't be hard for a 30-hour employee to manage outside work. But during flare-ups the disease can be life-threatening.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

stilldazed

Remember that ADA essentially requires case by case analysis. Asking whether psoriasis is an ADA-covered condition and getting a simple yes or no is probably not valid. Check the criteria for an ADA disability and speak with the employee/get medical input. An extreme case that limits major life activities may meet the criteria. The form most folks will know about, minor to medium, probably won't. Even if it is, then, the accomodation must be reasonable--not absolute.

I agree with the previous post that an employee working 30 hours per week may have time to juggle weekly appointments around a work scheduled with little or no imposition on the employer. Flexing the schedule a little could be the reasonable accomodate (if ADA applies). Flexing it alot may not be reasonable.

Don D

You indicate she has not made any attempt to return to work. Does that indicate she is not working and that she is out full time due to her medical condition? If so, what is her payroll status? ADA of course applies to, first, "qualified individuals". One of the qualifiers for a "qualified individual" is the ability to work. If she cannot and will not return to work, I doubt ADA protection. An inability to return to work, period, does not normally invoke ADA protection. Another thing to consider is that federally mandated intermittent FMLA always requires the employer's agreement. Although it should be arrived at mutually, it must, ultimately, be acceptable to the employer. I have told many second shift employees and 30 hour employees that they must tend to their medical appointments outside their scheduled work hours. If need be, I would shift the work hours to allow all of Friday off or tell them to get a doctor's appointment before their 3:30 shift start time. Otherwise they will manage to sleep all day and have a medical appointment at 3:30 or 4:00, which is unacceptable to a thinking employer. How did this person manage to be off 12 weeks due to "mother's car accident, sprained ankle, and a broken wrist"?



Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

AnneLa

Thank you all for the great info. I have decided to offer this employee a flex schedule so that she can obtain her daily treatments (as long as her physician will document this need). The clinic she attends runs in 2 shifts, from 7:00 am to 2:00 pm, and from 2:00 pm to 9:00 pm. I believe she can work around those hours even though she may not want or like to.

Thank you all once agian.......
Anne