ADA?
LindaS
1,510 Posts
I have an employee who has been approved for FMLA usage on an intermittent basis due to a chronic health condition. He is not under any restrictions and can work as many hours as he is scheduled. His FMLA usage is typically Mondays and Tuesdays and his doctor has certified usage on an "as needed" basis.
We have had this EE recertify due to his usage as the physician has indicated a frequency of 3-4 times per year at 2-3 days at a time. While he was doing PT for a while, that stopped a long time ago.
At this point he has 32 hours of FMLA left. We use a rolling year and he will not earn anything back until August 20th. Based on his usage, he will use the remaining time before he is eligible for any more.
My question is that once all his FMLA is gone, would I be required to continue to allow him intermittent leave due to a possible ADA situation? If so, at that point would I be able to get some additional information from the physician verifying the need for leave on Mondays and Tuesdays?
We have had this EE recertify due to his usage as the physician has indicated a frequency of 3-4 times per year at 2-3 days at a time. While he was doing PT for a while, that stopped a long time ago.
At this point he has 32 hours of FMLA left. We use a rolling year and he will not earn anything back until August 20th. Based on his usage, he will use the remaining time before he is eligible for any more.
My question is that once all his FMLA is gone, would I be required to continue to allow him intermittent leave due to a possible ADA situation? If so, at that point would I be able to get some additional information from the physician verifying the need for leave on Mondays and Tuesdays?
Comments
I suggest you sit down with him tell him he is about to run out of FMLA and tell him that future absences will be counted under your attendance policy. I would not deal with any accomdation, or ADA language until you start progressing through the attendance policy. You never know, he may start showing up regularly.