New Employee
JustHR
6 Posts
if you had a new employee that had been with you for only two months and they go into the hospital for over a week and don't know when they will be released, what would you do? You did not know about this illness prior to hiring.
Comments
Since you did not know about the illness, you shouldn't have an issue with ADA, but I would consult your attorney anyway since the employee could be covered depending on what their issue is. You're post is quite vague, but from what I can tell from what you have written, this is a chronic health condition.
For an ordinary illness-related absence this is what we would do:
We would use their 6 sick days up before requiring a doctor's certification for short-term disability. They would not qualify for FMLA leave as they have not worked the required amount of time/number of hours. Depending on the anticipated length of absence, we would look for a replacement. If it is something like appendicitis, and they will be back to work within a reasonable (for the business) amount of time, we would get a temp (depending on the level of the position) until they returned.
yes, it is quite vague. This is a chronic health condition that we did not know about prior to hiring. I was informed on his first day. We have PTO, and have allowed individuals to utilize their PTO prior to it accruing. If the individual leaves the company, we deduct any PTO days taken that were unaccrued. I am sending the STD information this week (we have a long elim. period). We were approaching the conversation of reasonable accomodation but then he went into the hospital. I have spoken with my attorney, but primarily about the conversation we will have upon his return on accomodating this employee - we thought he would return this week. It looks like this may not happen and his work continues to accumulate. I asked when he thought he could return and "I don't know" was the answer i received.
Hmmm....that's certainly a tough one and I certainly do not blame someone for not mentioning a chronic issue in an interview as (legal or not) it would certainly affect the hiring manager's decision-making process knowing that this individual may be out for long periods of time.
Instead of asking the employee when they think they may return (I find they rarely know themselves), it is probably best to get a doctor's certification stating when the medical professional believes the person in his/her care may return to work.
Is this a position that you could get a temp in to do so that the work is not as backlogged when/if the employee does return? This is something that seems like it could potentially go on indefinitely. If that is the case, then you must work closely with your legal department on ways to replace this individual since it may be placing undue hardship on the business.
Reasonable accommodation is just that; reasonable. If the business is going to suffer from having this position vacant, then action needs to be taken.
I feel for all involved, but at the end of the day, it is about running a business.
We have a no-fault attendance policy that puts a maximum limit of 2 weeks on absence for situations exactly like this. Our life is a little easier because we don't have STD benefits so there is no benefits intereference issue or anything like that in the termination.