ADA/Reasonable Accommodation
HeritageHR
1 Post
Our company has a full-time employee who was hired in Oct. 2000. As of mid-June 2000, this employee had been absent a total of 43 days due to various medical conditions, for which we granted an unpaid medical leave(s) of absence. In June, just as the employee was expected to return to work after another leave of approximately two weeks, we received notice (from one of many physicians she has seen) that she would need an additional two weeks off work. At that time, we sent a termination notice, to be effective at the end of this additional two weeks, due to excessive absenteeism (but also requesting to be notified if the condition preventing her return to work might warrant consideration for a reasonable accommodation under the ADA as she does not qualify for FML). She called to say that she was incapacitated due to depression and may be hospitalized. When asked to provide some documentation and sign a leave of absence request, she provided a copy of a short-term disability claim form (a portion of which we were required to complete and forward to the carrier) indicating she: 1) is suffering from severe depression; 2) is being treated with medication; 3) is moderately disabled (60-80%); and 4) could complete clerical or administrative duties on a limited basis.
Based on this information, we informed her in writing that she would be reassigned to a part-time work schedule, her work would be limited to that of a clerical or administrative nature, and requested specifics hourly/daily/weekly guidelines from her physician. We also provided a date, approximately 10 days later, that she would be expected to report to work. After receiving this notice, she called to inform us that her physician's office put incorrect information on the claim form and that she was completely incapacitated, and the physician's office was faxing an addendum to the insurance company. Due the inaccurate information, we then requested in writing: the nature and severity of condition substantially limiting her ability to perform the essential functions of her job; the date of onset of the condition or disability; whether or not she could work a modified or part-time schedule; and if unable to do so, the date she would be expected to return on a full- or part-time basis.
In response, we received a notice from a physician indicating that 'from the standpoint of his services' she suffers from severe depression, the onset was mid-June, that is unlikely she can work on a modified or part-time schedule and that her date of expected return to work is unknown. This is nearly verbatim.
At this point, we want to extend the medical leave for an additional 30 days as an accommodation, then place her on a part-time schedule, with the understanding that she may need to continue on a medical leave even if on a part-time schedule. We are also requesting that she provide updates from the physician every two weeks (which will amount to 2 updates prior to moving her to a part-time schedule). Modifying her schedule will allow us to at least get someone in to work on part-time basis in her absence, knowing that we may have to return her to a full-time status at some point. The drawback is this may also impact her eligibility for benefits (all regular employees, full or part-time, working at least 30 hours per week are eligible and the company pays entirely for single coverage). I want to be confident we are not failing to comply with ADA regulations by reassigning her to a different employment status, even though it may affect her eligibility for company-paid benefits. I realize she would then become eligible to elect COBRA coverage, however she would pay all premiums in full (and she has already called to ask for our intervention since the short-term disability carrier is investigating this third different claim, and is pending any benefits payments until they are satisfied).
In short (after all of the above!), we have tried to accommodate this particular employee's condition since mid-June, and have allowed numerous intermittent medical leaves for other conditions since she was first employed (although mostly following completion of her initial employment period of 90 days). We have continued to pay her (single) medical and dental benefits (as we do for all employees on medical leave), and still have no idea when or if she will return.
To complicate this further, her supervisor has been informed by colleagues (outside of our company) that this employee is working nights at a bar she manages. We have left this matter completely out of the equation as we do not have any proof, however, it has become increasingly difficult to justify to her managers why we would continue to accommodate this employee, particularly on a full-time basis.
Any suggestions and opinions would be very helpful.
Based on this information, we informed her in writing that she would be reassigned to a part-time work schedule, her work would be limited to that of a clerical or administrative nature, and requested specifics hourly/daily/weekly guidelines from her physician. We also provided a date, approximately 10 days later, that she would be expected to report to work. After receiving this notice, she called to inform us that her physician's office put incorrect information on the claim form and that she was completely incapacitated, and the physician's office was faxing an addendum to the insurance company. Due the inaccurate information, we then requested in writing: the nature and severity of condition substantially limiting her ability to perform the essential functions of her job; the date of onset of the condition or disability; whether or not she could work a modified or part-time schedule; and if unable to do so, the date she would be expected to return on a full- or part-time basis.
In response, we received a notice from a physician indicating that 'from the standpoint of his services' she suffers from severe depression, the onset was mid-June, that is unlikely she can work on a modified or part-time schedule and that her date of expected return to work is unknown. This is nearly verbatim.
At this point, we want to extend the medical leave for an additional 30 days as an accommodation, then place her on a part-time schedule, with the understanding that she may need to continue on a medical leave even if on a part-time schedule. We are also requesting that she provide updates from the physician every two weeks (which will amount to 2 updates prior to moving her to a part-time schedule). Modifying her schedule will allow us to at least get someone in to work on part-time basis in her absence, knowing that we may have to return her to a full-time status at some point. The drawback is this may also impact her eligibility for benefits (all regular employees, full or part-time, working at least 30 hours per week are eligible and the company pays entirely for single coverage). I want to be confident we are not failing to comply with ADA regulations by reassigning her to a different employment status, even though it may affect her eligibility for company-paid benefits. I realize she would then become eligible to elect COBRA coverage, however she would pay all premiums in full (and she has already called to ask for our intervention since the short-term disability carrier is investigating this third different claim, and is pending any benefits payments until they are satisfied).
In short (after all of the above!), we have tried to accommodate this particular employee's condition since mid-June, and have allowed numerous intermittent medical leaves for other conditions since she was first employed (although mostly following completion of her initial employment period of 90 days). We have continued to pay her (single) medical and dental benefits (as we do for all employees on medical leave), and still have no idea when or if she will return.
To complicate this further, her supervisor has been informed by colleagues (outside of our company) that this employee is working nights at a bar she manages. We have left this matter completely out of the equation as we do not have any proof, however, it has become increasingly difficult to justify to her managers why we would continue to accommodate this employee, particularly on a full-time basis.
Any suggestions and opinions would be very helpful.
Comments
Margaret Morford
theHRedge