ADA Question
Jody
4 Posts
Dear Forum, An employee has called in sick several days intermittently, which I just found out from the manager. She was written up in a disciplinary notice, stating that she must report to work or otherwise lose her position. She replied, "Even if I have a doctor's notice? I've been giving them to Paul (her manager). I am bi-polar, and the doctor has been changing my medication. When this happens, like the last change, I was allergic to it, and can't work. The doctor says it is difficult to find the right medication, and we must just keeping trying it until we find the right one. If I could have a day or two off work so I can see if the meds are working this would be helpful. I'm a totally different person when not on meds, my father committed suicide because of being bi-polar, so I have to be careful."
I did not know of the past doctor's notices and of this issue until now. Is this an ADA issue? If so, what is required? Thank you, Jody
I did not know of the past doctor's notices and of this issue until now. Is this an ADA issue? If so, what is required? Thank you, Jody
Comments
I agree with your other response. You probably have a couple of considerations. First, consider FMLA, whether you are required to offer the protection and whether the worker is eligible. Then research your company policy to ensure that it is administered legally (with FMLA legislation) and consistent with your policy. If you find that FMLA applies, there is a provision for intermittent LOA. Second, think of ADA. ADA is more of a case-by-case analysis. A fundamental requirement will be whether the worker's ability to maintain a somewhat normal lifestyle is inhibited by a disability or some sort and whether your company can help her overcome the 'disability' by making a reasonable accomodation for her in her job. Her physician's input will be required for both cases, and unless your company's policy specifies otherwise, her supervisor is probably an official contact for her to request the absence or need for accomodation.
I can't tell by your post whether you have a concern about the suicide issue. I don't see that as part of the issue. Her issue is needing to be absent and requesting time off for a medical issue for which she can or cannot produce medical certification first. Then it is whether she has a bonafide disability under ADA's definition and whether your company can reasonably accomodate.
Best wishes.