ADA / Absent / Back Problems

HRing

I have an employee who has been absent 12 out of the past 70 days due to a back problem. This employee has only been with us for 70 days. He is under the care of a chiropractor that states that this is inflammation in the lower back. This information came from a request made of the employee to provide a doctor's note after he was absent three days in a row. (Policy) I am at the point of terminating this employee for absenteeism and I am wondering if I am on thin ground with the ADA. What are your thoughts and comments?

LindaS

First you need to determine if he is a qualified individual under the ADA and to do that, you will need more information from his physician. Since he has only been with you for 70 days he obviously does not qualify for FMLA so what I recommend is to sit down and meet with him to discuss his absenteeism and the possibility of his being terminated for excessive absenteeism. When HE brings up his back problem, inform him that you will need some specific information from the doctor regarding WHAT exactly his problem is and what, if any, accomodations he may need to be able to do his job. You should also provide him with a written job description. Inform him that failure on his part to provide this information will result in his termination of employment due to absenteeism. Provide him with a timeframe to return the paperwork to you. If he does not, I would go ahead and terminate. If he returns the paperwork, you will then need to determine whether he is disabled under the law and for that you may want to talk to legal counsel before making any final determinations.

Good luck!