Obsessive compulsive
Tammy
14 Posts
Employee who was diagnosed with an advanced case of obsessive compulsive disorder is having problems at work. Although she is on an intermiteent FMLA, her supervisor is giving her a difficult time when she attends Dr. appointments. Additonally, because of the disability and because the medication has not yet shown any results, employee is always 20 minutes late to work, not matter what time she starts. When at work, she is an exceptionally good worker and there are no complaints as far as quality of work. Being late in the morning is an issue and may result in possble termination.
Seems this disability would be protected under ADA. Should employee formally inform HR that she requires ADA accomodations due to her disability ( at this time it would be accomoating her lateness to work until medication takes effect). Would it be considered a reasonable accomodation request? Any advise will be appreciated.
Seems this disability would be protected under ADA. Should employee formally inform HR that she requires ADA accomodations due to her disability ( at this time it would be accomoating her lateness to work until medication takes effect). Would it be considered a reasonable accomodation request? Any advise will be appreciated.
Comments
From what you describe, with the exception of getting to work on time, her work performance is fine. This case does not fall under ADA.
Without knowing what this employee's is "obsessive-compulsive" about, it is hard to say that it even impairs any major life activity. In one case, for example, a court found that the obsessive-compulsive disorder did impact the employee's eating and drinking, which are major life activities.
How do you know that it's her obsessive-compulsive disorder that is causing her to be late to work?
But at this point, don't even start with the employee on whether or not the obsssive compulsive disorder is impacting her ability to get to work on time unless that's already been documented. Set the expectations and ask if there is any reason she can't meet them.
If she offers or has offered an explanation that indicates there is a medical condition that's causing her tardiness, then you may need to take a look at reasonable accommodation under ADA by changing her work hours, as a possibility. Of course, that means going through the interactive process if you haven't already determined that the employee is ADA qualified; merely being on FMLA is insufficient, since the criteria for FMLA leave is different from the criteria for ADA reasonable accommodation.
On the other hand, when you discuss her tardiness, if you would change her work hours simply on the basis of her requent or a mutual agreement, as you would for any other emplyee, then do that and avoid getting into ADA issues. Still hold her accountable for getting to work on time.
The question that Tammy asked concerned ADA. That was the direction Hatchetman and I steered the response towards. x0:)
Bottom linem, has any of you ever handled a case like that? Also, would appreciate a response from an attorney specializing in this field. As always, thanks to all for responding, your advice is greatly appreciated.
Are you now considering her ADA-disabled just based upon that letter? Or have you actually documented the medical condition rising to the level of an ADA-disability (significantly impairing one or more major life activities, e.g., sleep). Take a look at EEOC's "Guidance on ADA and Psychiatric Disabilities" at [url]http://www.eeoc.gov/docs/psych.html[/url]
If you are now considering the employee disabled, have you talked to her about whether or not she needs a reasonable accommodation and, if so, what it could be. For something like her psychological condition, it may be hard to pin down.
What are you basing the "two hour corridor" start time on? Is this something that she has suggested...have you looked at other accommodations. Are you saying that the job really does permit variable start times like that or is it essential that the employee come to work at a more definitive time on a regular basis?
While modification of policies is one type of accommodation, you are not required to accommodate for something that is an essential demand of the job, such as a set start time that can't be changed.
But then there may be other accommodations that would allow the employee to meet the essential demands of the job. Accommodations only need to be reasonable and effective and you may have to try several before you find ones that are effective if any are out there. This may even include a part time position with a standard start time and ending the work day earlier.