what do you do in the meantime?

We have an employee who falls under ADA. In the very near future we are going to be posting mandatory overtime for all employees in her department. What should we do if this employee says she cannot work overtime on a Saturday? Should we have her complete an accommodation request form and have it certified by her physician? If so, what should we do while we are waiting for this certification to be returned by her doctor? We really need her to work this overtime since there are only three employees in her department. Thank you.

Comments

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  • What do you mean that she falls under ADA? Does she currently have restrictions that limit the amount of hours she is to work? If so, what do the restrictions say? If they limit her to 40 hours per week then you may want to look at the possibility of shortening her hours from Monday through Friday to enable her to work some hours on Saturday. If they state that she is simply unable to work on Saturday you may want to have a second opinion.

    As for getting additional medical certification, I would take a proactive approach and inform this EE that there is going to be mandatory Saturday OT and see what she says. If she states that she cannot work OT on Saturdays, and she does not currently have these restrictions, I would require her to obtain them immediately.

    Does this EE fall under FMLA? If so, any time she misses counts toward her 12 week allotment.

  • Thank you Linda. No she does not currently have restrictions with her work schedule but we have certification for another accommodation with this person pertaining to their condition so I know she is ADA qualified. I will follow the procedure with certification for work hours if she states she cannot work on Saturdays.
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