ADA and employers with less than 15 employees

joycam

Is it best practice for a small employer (9 employees) to follow guidelines of the ADA although not required to do so? We have an employee stating she has a medical condition which will require time off work for treatments (some scheduled and some as needed). I would like to have a medical certification completed from her employer and base accommodations on the ADA guidelines but would that put my employer at risk by doing so?

NaeNae55

It depends. We try to follow guidelines, even when we don't have to, as it helps us follow the law generally, make sure we are fair, and is proof in case of a lawsuit that we work hard at following the law and being fair.

That said, if you accomodate this employee you have set a precedent and will need to accomodate other employees in the future. You may want to do it for this employee because they are a geat employee, and not want to for another because they are generally a pain in the rear. If you do so for this employee though, you will need to do so for the next employee, pain or not, or set yourself up for a lawsuit. Bear in mind, however, that the term is '[I]reasonable[/I] accomodation' and you can also take that and the size of your company into consideration.

Good luck!
Nae

joycam

Thanks, Nae. That is very helpful information!!