Essential Job Functions
LindaS
1,510 Posts
We have an upcoming situation that I'm hoping someone can provide some help with...
We are a union facility and recently had a job opening posted in our plant. Although the posting will remain up until tomorrow, at this time the most senior person who has signed for the job is under some pretty tight work restrictions (no lifting, bending, twisting, etc.). The requirements of the job are WAY outside of what the physician has indicated he can do. In addition, he has informed us that he will probably be off work for most of the month of January, at least (this is a back problem). Although this condition has been certified as FMLA qualified, I'm not sure where it stands regarding ADA.
I met with both the production manager and the manufacturing director regarding this situation and have tossed around several ideas..
1) Not allowing him to even try the job since it is outside of his current restrictions or,
2) Providing him with a current job description and instructing him to have his physician review it to determine his ability to do the job.
One of my concerns is that the physician will change his restrictions to enable him to do this job and that he will injure himself on the job which then becomes worker's comp. If the physician changes his restrictions are we within our rights to have him examined through an IME?
His restrictions currently are such that we would have to have another full time person with him at all times to allow him to do the job.
Any suggestions would be greatly appreciated.
We are a union facility and recently had a job opening posted in our plant. Although the posting will remain up until tomorrow, at this time the most senior person who has signed for the job is under some pretty tight work restrictions (no lifting, bending, twisting, etc.). The requirements of the job are WAY outside of what the physician has indicated he can do. In addition, he has informed us that he will probably be off work for most of the month of January, at least (this is a back problem). Although this condition has been certified as FMLA qualified, I'm not sure where it stands regarding ADA.
I met with both the production manager and the manufacturing director regarding this situation and have tossed around several ideas..
1) Not allowing him to even try the job since it is outside of his current restrictions or,
2) Providing him with a current job description and instructing him to have his physician review it to determine his ability to do the job.
One of my concerns is that the physician will change his restrictions to enable him to do this job and that he will injure himself on the job which then becomes worker's comp. If the physician changes his restrictions are we within our rights to have him examined through an IME?
His restrictions currently are such that we would have to have another full time person with him at all times to allow him to do the job.
Any suggestions would be greatly appreciated.
Comments
Let him apply for the position....depending on how he does in the selection process, if you offer the job to him, make it on the condition that he can pass a physical examination that would allow him to perform the essential duties of the job with or without reasonable accommodation. If he takes the exam and he can't pass, then you're free to rescind the offer. If he can pass, then there should be nothing to worry about (save identifying and implementing a reasonable accommodation).
If he doesn't pass the selection process, resulting in NO offer of a promotion to him, make sure you document fully the reasons and be prepared to show that it has nothing to do with his medical condition.
Since you already have his restrictions, (and I am assuming they are permanent restrictions) I would look at the job, and look at the essential functions and his restrictions. Is he able to do the essential functions of the job, with or without a reasonable accomodation (and really consider closely what accomodations could be given, get input from the manager, the employee and the union)?
If the answer is YES, and he is the most senior person, give him the job.
If the answer is NO, then he is not physically qualified for the job. I am sure that your union contract would allow you to skip him if he is not qualified for the job.
If the restrictions are not permanent, and he is going to get better after his absence (like for example, he will be gone for treatment), you may have to give him the job under the union contract, but let someone sub for him until he is better.
One thing I would not do is invite the employee to get his restrictions changed. If the doctor can change them at will, then they are not real restrictions.
Good Luck!
After much discussion the decision was made NOT to grant him the position. This decision was made after the production manager, manufacturing director and department supervisor examined the job description and determined that it is correct as to the current requirements of the job. In addition, to allow him to be placed on the job we would have to have another person on that job as well on a full-time basis (the restricted employee would be able to watch the machine run but would not be able to set the machine up or lift and carry any of the pans of product) which is not feasible. Although the restrictions are NOT permanent at this point they have been in effect since July without change and based on information from him they do not appear to be changing anytime soon.
Yesterday we had a meeting with the employee and the union president and advised both of them of the decision. As you can imagine the employee was not happy and tried to argue his ability to do the job. Once I took out the job description and compared them to his current restrictions it was pretty obvious that he is unable to do the job at this point. The union president ended the meeting asking that he be allowed to "look into it" overnight and meet with us today. I'll let you know what happens.