Exempt Manager working reduced schedule due to medical reasons
karagrace123
1 Post
In our field bowling centers we require exempt managers to be scheduled at least 45 hours a week. I have a manager who we have been accomodating by allowing her to work 40 hours a week, and we are going on for 10 months, Her condition is high blood pressure/stress which her doctor has ordered a reduced schedule for rest under the ADA.
The other managers are having to work more hours (50-55) to cover the center's operating hours. Our policy does not specifically state the 45 hours requirement.
Can we discontinue under the "undue hardship" rule since what was a temporary accomodation has become indefinate/permanent?
Comments
(1) indefinite and permanent are not the same thing. Do you know if it is permanent yet?
(2) have you considered other things you may be able to do to reduce the employee's stress? Creativity in accomodation is a good thing. Take a look at askjan dot org for accomodation ideas.
(3) If you don't have an hours requirement documented, you have to consider what it looks like to document it now that you think you have a problem with accomodation.
Undue hardship is a pretty high standard. I recommend that you look for more creative solutions.
Agree that it is going to be hard to argue "undue hardship" after allowing it for 10 months. What exactly has changed except that your other managers aren't happy with their schedules? One other thing to think about is whether this falls under FMLA protection or not as a "serious medical condition". Sometimes ADA and FMLA can and do overlap.....If her regular schedule is 45 and she is only working 40, then you can count the 5 against an FMLA allotment of 12 weeks. While it won't use up all FMLA, it is possible that with dr appts, work outages, etc that less protection will be available should she need it for other times.
I'd also think about getting a second opinion paid for by the employer along with advice of legal counsel. I havent' studied up on the new amendments of ADA, but are you absolutely sure this condition falls under ADA to begin with ?
eta: and lastly, the employer has to give an accommodation, but it doesn't always have to be the specific one that the employee is asking for. What about the job causes the stress? Is it being on their feet? Could this person do any work from an office or from their home? If it is shortened days, could they work a half day on another day off? etc.