Mental Health-Public Safety Officer

cwilson · January 2006

Situation involves a report regarding misconduct by a public safety officer. upon investigating the incident, the officer volunteered that he/she acted in an innopropriate manner due to not have taken his/her medication for that day. Employee followed up the investigation by providing, on his/her own, a detailed listing of the prescrition medication she/he is on. The medications are for mental health disorders.

question being is officer fit for duty? one minor problem was admittedly caused by not taking medication. what happens if situtation worsens? or should employer even be concerned?

Whatever · January 2006

What exactly is the misconduct?
Do you have anything from the ee's doctor (if yes, what did he say)? Have you requested an examination by the a doctor of your choosing (if yes, what did he say)? Does the ee have a condition that is covered under any of the applicable laws (ADA, for example)? In conjunction with that, did you even know ee had a problem before this incident?

Obviously, we need further information before we can answer.

Peyton Irby MS · January 2006

Depending (perfect word for a lawyer to begin an answer)on the duties, the condition involved and the type of misconduct, you will need to determine if the employee is fit for his/her particular duty. The employee, based on the post, is probably not disabled within the ADA (condition correctable by medication). Conversations with the supervisor and the employee may determine this. You may also send the job description (essential physical functions) to the physician to get an asnwer as to whether the employee can perfrom the job functions safely (for the employee and the public).
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

Mental Health-Public Safety Officer

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