ADA Letter

I just posted the question about the pregnant ee with a brain tumor who also has chronic attendance issues.

At the same location, we have an ee who says she has cancer, needs partial days off for treatment and is not FMLA eligible due to length of service. (1.5 months) I believe she also calls off or is late occasionally because of severe nausea. She has shown the ability to do her job with no restrictions except missing partial shifts here and there.

Would it be appropriate to send her a letter requesting doctor's certification for possible accommodation to her schedule?


Comments

  • 5 Comments sorted by Votes Date Added
  • I think a letter is a cold approach. Assuming your facility is not 50 acres large with you rarely seeing the employee, I suggest you tell her privately that in order to consider the issue of her absences fairly, you will need information from her physician which indicates a need to be late or miss work.

    As a sidebar, I am continually amazed at the menagerie of characters and situations you have at that daycare facility. lesbians, sleepers, cancer victims, tumors, pregnancies, more sleepers and nodders.......Are you sure you aren't holding back a circus clown somewhere?
  • I make it up to keep y'all entertained. x;-)

    We have 17 locations, this particular one is 20 miles away from my office, so a personal visit isn't realistic right now. I agree the letter isn't a particularly warm approach but I've always handled FMLA/ADA issues personally, vs. having the location Director handle it.

    I can advise the Director what to do and follow up with her. She's only been with us around 4 months. She's feeling overwhelmed so I am doing some hand holding, but you're right that a letter from me could come across as cold...

    You are assuming the harasser is a lesbian because the harassment was female on female. Her sexual orientation is not evident to me.

    And I'll just bet I CAN find an employee or two who volunteer as clowns somewhere... x:D

    You have a good memory, Don D.




  • You are assuming the harasser is a lesbian because the harassment was female on female. Her sexual orientation is not evident to me.

    I assumed her to be lesbian because you reported that she slid a cracker through another female's breast cleavage as if the cracker were a credit card, then she ate it. And, as I recall there were other incidents of personal touching and suggestive contact. (It don't take me long to reach a conclusion. I'm not one of those people who requires a 2X4 between the eyes).
  • She could be a lesbian but it's not obvious one way or the other when you meet her. I don't know any straight females who eat cleavage-dipped crackers (not anyone who admits it, anyway) but I don't know any lesbians who do that either.

    This woman is in a class all her own, apparently...

    I'll let you know when I identify the clowns. x:)
  • I am intrigued by your flip response. You had earlier posted a thread as to what you might do about the woman who did the 'credit-card-slide' and how you might proceed with an investigation of that behavior. So, what did you conclude and how did your investigation proceed? Was she fired? If not, why not? A man who had engaged in similar behavior certainly would have been. Sexually suggestive, physical contact, uninvited, is certainly a reason to terminate. And, even if invited, both should be terminated, most assuredly in a workplace filled with children.
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