multiple sclerosis & telecommuting
hr traci
55 Posts
The operating manager of an out-state facility of 10 ee's has MS and will request to work from home when flare-ups occur. She has notified us that she is having a flare up this week & will work from home the rest of this week, which happens to be following the July 4th holiday.
Another manager in the facility tells us this mgr. was forecasting last week that she would need to work from home, and that she said she "will have to play the MS card". It has also been noticed that the flare-ups tend to occur when she does not have daycare available for her children.
Should we be requesting medical certification when the flare-ups occur, to prevent potential/alleged abuse of the situation?
If we determine that she is not actually "working from home", can we at least notify her that we will dock vacation/personal time when she needs time off?
(If she were taking a short term disability leave we would use up vacation/personal days while she waited for the waiting period to expire).
Advice on how to proceed? Thanks much.
Another manager in the facility tells us this mgr. was forecasting last week that she would need to work from home, and that she said she "will have to play the MS card". It has also been noticed that the flare-ups tend to occur when she does not have daycare available for her children.
Should we be requesting medical certification when the flare-ups occur, to prevent potential/alleged abuse of the situation?
If we determine that she is not actually "working from home", can we at least notify her that we will dock vacation/personal time when she needs time off?
(If she were taking a short term disability leave we would use up vacation/personal days while she waited for the waiting period to expire).
Advice on how to proceed? Thanks much.
Comments
This policy should provide for measureable outcomes related to the work being performed at home - the managers manager needs to be involved with this whole process. That would be the first hoop to jump through and it is not an HR concern except for making sure the policy is understood and enforced - that is if you have one.
As to the other manager, who is stirring the s&*t regarding this EE, I would tell them to either make a formal complaint or otherwise leave the supervision of this person to her supervisor.
Now if the work isn't being done at home and the burden is being shouldered by the other manager, then the boss needs to get involved, but again, that is related to the work being done at home and being able to verify same.
Then there is the FMLA and ADA. Either or both could impact this situation.
If this employee is on intermittent FMLA, you are not allowed to request a medical certification except in several rather rare circumstances, none of which is threatening an employee that 'you have the right...if you think she is taking advantage'. This may be just another situation where the employee can play an entitlement program to her advantage, although I'm not accusing her of that.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion and with the gentlest of intentions.
Okay to request medical certification based on determining if accommodation (of telecommuting) is needed for ADA?
Also, we currently do not have a "telecommuting policy" - I definitely see the need for it though!
thanks for the input
I'm not sure which of those programs you are dealing with, perhaps both. You are at liberty to see that the physician has a copy of the job description in order to get him to state what she can and cannot do. If you already have her on FMLA, you absolutely cannot insist that she recertify eligibility through a medical certification UNLESS the condition has changed, you suspect fraud, her time period has expired or she is requesting coverage under a different illness.
I don't mean to confuse you.
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1. ALL employees who are absent from work for three days or more due to a medical condition must bring in medical certification that they are fit for duty.
2. Our policy requires that anyone who is out on Fmla must use their pto and vacation days.
She emailed in to her mgr at the beginning of the week that she "needed to work from home". He has given her work to complete this week from home, with progress reports expected.
We will be having a conversation with her when she returns, although she will know who is complaining if we bring up the "play the MS card" comment, and that she was actually at the Cape.
what are these people thinking....
I would focus on whether she completed the assignment and progress reports as required. I would not use the phrase "play the MS card." I don't think that will get you anywhere.
I think you should be looking to the future and formulating rules that would apply to everyone.
(or, you could call and tell her you need to drop off some paperwork within the hour and see what happens)
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.