Medications causing Peformance Issues

kmaries

We have a situation with an employee that was on a leave of absence (FMLA) for a back problem. She has returned to work with a reduced schedule. Since her return there has been significant performance issues. Her supervisor has reason to believe that the medication that she is taking is altering her judgement.

I have reviewed the release from her physician and the only restriction is the reduced hours for a couple of weeks and then return to her full time position.

ADA is very gray to me and I am hoping that I could get some advice on how to proceed. As her employer, we acknowledge that something isn't right with her performance since the return and we do believe it may be related to the medication. I believe that we should have a meeting with her, discuss the issues, and ask her to get further information from her physician. Can I ask her to obtain specific information about her ability to do her job duties with the medication that she is on?

Any guidance would be much appreciated!

Kris

Hatchetman

Since the employee has disclosed a medical condition in which she takes medication, you may, under ADA, ask about it if there is a reasonable connection between her performance and the medical condition.

What is she saying about the reasons for her poor performance?

You could down the line, if the poor performance is documented and there is indication that it is caused by the medical condition (including her use of medication) have her medically examined to determine if she able to perform the essential duties of the job with or without reasonable accommodation.

Go to EEOC's Gudiance on ADA and Reasonable Accommodation.

[url]http://www.eeoc.gov/docs/accommodation.html[/url]