›

ADA-Permanent Disability

metsmets 25 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Recently, we had a maintenance employee bring a doctor's statement in that stated that we "permanently modify work-no kneeling/climbing" with a "mild 25% degree of disability" determined.
The employee's Modified Duty statement instructed no climbing or kneeling; with limited stooping and standing".
We advised the employee after researching the ADA implications that we were not able to continue to employee him in any capacity at present with this permanent restriction and that he should possibly consider the early retirement option that was available to him. Apparently, as the deadline to decide to opt for the early retirement window was fast approaching,the next morning he chose to complete retirement papers and used sick time up to his retirement date was a couple of weeks later. as this person was no stranger to workers comp claims and other absences, as well as several other near retirement decisions, we were a little surprised that he actually followed through this time and retired( several times in recent years he had completed the paperwork- only to rescind before the actual retirement date).
Immediately following his retirement, he filed a state equal rights claim alleging that he was forced to retire. Never once did he ask for any accomodation or for a FMLA absence etc.
Has anyone had any experience with similiar situations or be able to offer any advise or comments?
Thanks
Share on Facebook Share on Twitter

Comments

  • 3 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
    PMVote Up0Vote Down
    I haven't experienced this and have no advice; however, you also asked for comments. Reading your post, it is my Monday-Morning-Quarterback opinion that you should NOT have recommended early retirement to him. Now, if he had engaged the conversation by agreeing with your assessment that you could not accommodate his doctor's suggestion and he had asked you to advise him of all the options available to him, that might be different. At any rate, prior to having to provide a position statement to an agency, you might rethink the conversation just in case that is indeed how retirement came up. Perhaps rather than 'recommending he retire' all you actually did was discuss his various options with him.
    Share on Facebook Share on Twitter
  • Theresa Gegen TXTheresa Gegen TX 814 Posts
    PMVote Up0Vote Down
    I think you did the right thing by telling him the options that were available to him. I don't see any facts that support FMLA (since it appears that his condition was stable and permanent and 12 weeks off would not make any difference). If he is saying under FMLA he should be given his job back, FMLA does not require the job to be modified. If he can't do the job, he can't do the job -- that is where I would focus.

    Good Luck!
    Share on Facebook Share on Twitter
  • NJODMNJODM 10 Posts
    PMVote Up0Vote Down
    Based on the info it sounds like you did a job search within your company or based on a reasonable accommodation within the job scope.

    Since you were not able to modify the job description you did the next best thing.

    Giving the employee the options allows them to make the final results.

    And yes FMLA would not apply,.

    Good Luck

    P.S. Has the EEOC accepted the case?
    Share on Facebook Share on Twitter
Sign In or Register to comment.