Next Step?
nietra
134 Posts
Employees Job Description states:
Must frequently lift 30 pounds
Occasionally lift up to 100 pounds
and occasionally lift a consumer who weighs 170 pounds, with the use of a gait belt.
Employee comes in with a 25 pound lifing restriciton and we offer to move to a different area (same job just lifting requirements are less). Employee states she does not want to move there and comes back with a restriction from a different doctor with 30 pounds. Supervisor states something about it coming from a different doctor and employee goes back to first Dr and has restricion changed to 30 pounds.
The needs in the program change and employee must now lift up to 50 pounds. Having the restriction we offer to move her to the other area (same job, same work hours) and she refuses saying she can do the job.
We then send her to our doctor with the job description (frequently 50 pounds, occasionally 100, and 170 with the use of a gait belt). Dr writes "demonstrated the ability to lift 50 pounds without difficulty" but that is it. When I asked if she can do the job he stated he can't disregard the restriction unless he knows why it was there in the first place and won't do that unless she releases those medical records to him.
Short of getting an attorney involved (which will probably be the case) what should my next step be? The other job opportunity for her to work with less weight is still available.
Must frequently lift 30 pounds
Occasionally lift up to 100 pounds
and occasionally lift a consumer who weighs 170 pounds, with the use of a gait belt.
Employee comes in with a 25 pound lifing restriciton and we offer to move to a different area (same job just lifting requirements are less). Employee states she does not want to move there and comes back with a restriction from a different doctor with 30 pounds. Supervisor states something about it coming from a different doctor and employee goes back to first Dr and has restricion changed to 30 pounds.
The needs in the program change and employee must now lift up to 50 pounds. Having the restriction we offer to move her to the other area (same job, same work hours) and she refuses saying she can do the job.
We then send her to our doctor with the job description (frequently 50 pounds, occasionally 100, and 170 with the use of a gait belt). Dr writes "demonstrated the ability to lift 50 pounds without difficulty" but that is it. When I asked if she can do the job he stated he can't disregard the restriction unless he knows why it was there in the first place and won't do that unless she releases those medical records to him.
Short of getting an attorney involved (which will probably be the case) what should my next step be? The other job opportunity for her to work with less weight is still available.
Comments
It's not clear whether you have a disability situation or just a temporary lumbar strain for example, so I'm not sure that you do or don't have 'accommodation' looming. But, regardless, if your lifting requirements are correct in your descriptions and she/he can't perform the essential function of lifting, send him packing.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.