required medicine?

Beverlee

I have an ee in a "Protection to Persons & Property" position. EE has a medical condition that cause seizures. He is fine when he takes his medicine as prescribed. Recently ee has had several episodes at work. He states that he "forgets" to take meds or he "cannot afford" the meds. I feel that his physical ability to complete his duties is under his control and is his choice, under these circumstances.

I would like to suggest that his supervisor document all counseling sessions when he is reprimanded for not doing his job, and leaving in the middle of shifts.

How do I avoid an ADA situation? Is this possible?

Thanks.

lorrie

Definitely have the supervisor document every incident.

I assume these 'episodes' prevent the employee from performing the essential functions of the job? Even if this person DOES qualify for ADA protection, allowing someone to continue working in what could be a safety sensitive position when they can't perform the essential functions of the job is not required on your part. (Unless there is a reasonable accommodation that would make it possible for this person to perform the duties, and I can't think of any in this scenario.)

LivindonSouth

You're handling this situation exactly correctly with what you suggest. This is a great example of disciplining the behavior/performance rather than the disability.