ADA Determination?

14Riley

We have an ee who has been out of work for a few weeks having tests to determine if she has thyroid problems, etc. This was not FMLA – we are a 20-person company, so it was just a regular LOA. She let us know that she was having difficulty seeing and that her Dr. didn’t think she’d be able to look at a computer screen or read spreadsheets for extended periods of time (she is a bookkeeper and 80% of her work is completed on computer with the remaining 20% to be done on paper spreadsheets).

She had her tests and wants to come back to work. She spoke to her manager and said that her doctor told her she could come back to work, but for only 40 hours a week. We requested she submit a doctor’s note stating her limitations because she knowingly took the position which requires overtime. She called her supervisor and said that she didn’t think she was going to be able to come back because she is unable to work more than 40 hours a week (a requirement of the job). Her supervisor requested the doctor’s note AND a letter of resignation if she wasn’t going to return to work. That was 2 weeks ago. We have not received the doctor’s note OR the resignation letter and she is not back to work.

How do we determine if she is covered under ADA - because if she is, I think we need to accommodate her by altering the number of hours she works?

Any suggestions on next steps on our part are appreciated.

System

First, determine if the disability 'substantially limits a major life activity.' A major life activity (there are numerous) inlcudes abilities like walking, performing manual tasks, seeing, sleeping, hearing, etc. I'm not an expert but I don't believe she would be covered under ADA since she can see good enough to do the job for 40 hours per week. I think she's looking for an 'out' from the overtime.

A reduced schedule is a reasonable accommodation, but if you have to hire someone else to get the job done, it may not be considered reasonable.

After all this, I say check with your legal advisor.

Don D

A person whose job requires looking at computer screens and spreadsheets must be able to perform those tasks throughout the workday. If she can do that fine. If she needs breaks during the day fine, accommodate. But, if she can do it for 40 hours, but not longer, then I maintain that she is no longer a 'qualified individual' under the ADA definition. Its particularly strange that the doctor said she can't do it but 40 hours a week, instead of saying she can do it only 8 hours per day, but not longer. I agree that she's trying to get out of overtime only. Based on the manager's intruction to her, with which she has not complied, it seems to me that she has effectively abandoned her job and I would send her a registered letter to that effect, reminding her in print of your requirement that was ignored. Do not mention ADA or accommodation.

Beave

I'll bet she wouldn't take 5 hours a day for 7 days a week either. That would accomodate her 40 hours a week her Doctor says she can work. If she can work 8 hours a day she can work the overtime as well. She has found an accomadating doctor.