HIV & Aids

tfevergrn

An employee (who is a manager) who is currently on FMLA, has confidentially revealed their condition "aids" to one of his/her managers who is also a friend. The manager/friend is not only concerned for this employee but is real concerned about the business operations. It will be real difficult to "temporarily" replace this employee for 12 weeks and/or intermittently while the employee seeks medical attention, if and when he/she returns to work. The manager/friend is not sure this employee knows his/her options and therefore the employee continues to return to work. A couple of options are social security disability and our long term disability coverage. Is there any problem with the manager/friend informing the employee of his/her options, so that the employee can possibly resign and focus on his/her health without having to wait 12 weeks to see if he will return? Sensitive situation, but operations are suffering tremendously.

Thanks in advance for your help!

Don D

A better approach might be to tell the informant to assure his friend that he can expect professionalism, complete confidentiality and accurate information from the HR Manager or Director. Your informant, if indeed a friend, should be able to nudge his friend to come and speak directly with you. I would not under any circumstance use the informant/friend as an intermediary or conversational go-between for information exchange with the other employee. And would not recommend that you say anything at all to the informant about this person's options, particularly resignation or disability retirement. That can get way out of whack in a hurry. If you go this route, I would also gently admonish the messenger that this is a situation to be treated with the utmost confidentiality and you expect that advice to be followed.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 06-28-02 AT 05:04PM (CST)[/font][p]If ADA and/or FMLA (or similar laws in your state) are applicable, I would make sure that all of your managers and uspervisors kow of your policies and procedures on, and their and their subordinates' rights, under FMLA and ADA. Then the particular manager can make her own decisions and formally report her need for leave or request an accommodation under ADA, if she is qualified disabled employee and needs an accommodation. You should have a policy apon ADA and FMLA and required posters should be "up." Stay away from bringing up "resignation" at this point.