Hatchetman
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[font size="1" color="#FF0000"]LAST EDITED ON 07-01-04 AT 03:41PM (CST)[/font][br][br] Is there any evidence other than hearsay that the employee attempted suicide. Yes, it may have come from the father, but what do we really know about the situat…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-01-04 AT 01:57PM (CST)[/font][br][br]Was the doctor's note indicating a psychiatric problem? Does the doctor know what the job duties are of the employee? Does the school do any psychological testin…
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Now that she has raised a possible ADA issue of a disability, you need to determine if she is ADA qualified. Her poor attendance can still be dealt with but first you would need to demonstrate that, if she is ADA qualified, reasonable accommodation…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-10-01 AT 03:02PM (CST)[/font][p]ADA, the EEOC guidelines and regulations, court rulings do not specify that any particular medical condition automatically qualifies as a disability under ADA (although…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-22-01 AT 12:53PM (CST)[/font][p]ADA and EEOC regulations do NOT specify that any particular medical condition (physical or psychological) is or is not a disability under ADA. Conditions get identifie…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-05-01 AT 07:50PM (CST)[/font][p]As you have posted the information, I would say that this is NOT an ADA situation. You have no information that there is a medical condition that significantly impairs…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-25-01 AT 01:48PM (CST)[/font][p]You probably need to talk to EEOC or a civil rights lawyer. ADA uses the concepts of "employee" as established by Title VII of the CRA. While it does seem to reflect …
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[font size="1" color="#FF0000"]LAST EDITED ON 07-06-01 AT 07:06PM (CST)[/font][p]You may have two considerations with ADA on your question. The first is Title I and whether or not you would be required to accommodate an qualified disabled employee …
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[font size="1" color="#FF0000"]LAST EDITED ON 09-25-01 AT 05:37PM (CST)[/font][p]I think your problem at this point, isn't so much buying new ladders that can carry more weight -- I suppose its for heavier employees, not more equipment -- but rather…
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When trying to figure out accommodations, of course, you need to ask the employee. Also, ask the doctor. Send the doctor a job description, identifying the essential and non-essential duties of the job, and the physical, mental, and environmental …
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[font size="1" color="#FF0000"]LAST EDITED ON 10-24-01 AT 06:57PM (CST)[/font][p]Thanks, Gar, for the clarification. So, back at the "ranch", the cowboys are gathering to go save the townspeople from the marauding bandits. Square one. She is …
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I'm not quite sure what you are saying. You have a policy that allows an employee to use up to half a day per week "forever" during the work week to go to a doctor's appointment -- without ever being written up. But when this employee wants to use…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-14-01 AT 03:57PM (CST)[/font][p]Your obligation under ADA, given that the employee is identifying some type of medical impairment that requires surgery, is to evaluate whether or not she is disabled u…
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If the accounting department is on the second floor, how would any person who is unable to climb the stairs due to a disability, work in Accounting? So once that question is answered as an accommodation for any qualified emplyee of the Accounting, …
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[font size="1" color="#FF0000"]LAST EDITED ON 12-06-01 AT 06:55PM (CST)[/font][p]What type of work is involved here? If she is linking her demonstrated work-related problems (not doing duties, leaving early, etc) to a psychological condition and me…
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My understanding of the way ADA and the EEOC regulations treat alcoholism is that an "alcoholic" must still establish the medical condition of alcoholism and that it must, for the individual, substantially impair one or more major life activities. …
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[font size="1" color="#FF0000"]LAST EDITED ON 12-11-01 AT 08:21PM (CST)[/font][p]Firstly, your blanket policy prohibiting employees from working if they have any restrictions may be in violation of ADA if your company falls under it, or, if Ohio has…
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Let's assume for the sake of argument that the employee is ADA disabled and that he can perform the essential duties of the job without reasonable accommodation EXCEPT that the disability causes the employee to be frequently absent, more so than wha…
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You may be assuming something that didn't occur. I'm not sure. The mere fact that the empoyee went on leave for a serious health condition, even if it is depression, doesn't necessarily mean that you regarded the employee as disabled under ADA las…
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What's an FNP-C? Is he or she "licensed" or "certifed" to make the call about emotional stress? You would certainly have the right to get more informaiton. You are only responsible for acting on correct information that you have at the time you a…
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Go back to square one. You've got a couple of things apparently going on here that yo need to resolve, as they seem to be a concern. 1) You mention she has an ill spouse. Is she needed at home to care for him? Is FMLA or similar state law applica…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-04-02 AT 04:54PM (CST)[/font][p]Given the fact that the employee with HIV works day in and day out with the other individuals, I would suggest keeping the information as strictly confidential as possi…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-11-02 AT 02:03PM (CST)[/font][p] The issue here falls under Title III of ADA, which is administeered by the Department of Justice. The DOJ guidelines on Title III aren't as extensive as they are wit…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-07-02 AT 12:13PM (CST)[/font][p]On what basis are you not providing the supervisor with the reason when the you and your supervisor (the company) know it? The employee's request? What was the employ…
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I work for an agency that provides services to people with mental illness. One of goals the agency has is to increase the the workforce readiness of people with mental illness and counter the stereotypes of employers and the public about employing …
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[font size="1" color="#FF0000"]LAST EDITED ON 04-19-02 AT 09:38AM (CST)[/font][p]If she told you that she had depression and there was demonstated work performance problems, yes, you could ask her treating practictioner, a psychiatrist or psychologi…
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Does PTO cover for sick leave? Under FLSA, an employee's "personal time off" may only be deducted in full day increments. And, under FLSA, if you have a sick leave polcy and that is being implemented and your policy calls for it, you can deduct an…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-29-02 AT 05:58PM (CST)[/font][p] A couple of questions... Since returning to work, did she request an accommodation claiming stress, or were there any performance or conduct issues that she said was …
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phbair, you're absolutely right. "Out" and "In." If "Out," "due back" date or time. Would we even think about posting a reson that is employee is out because he is being "arraigned"?
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i haven't heard anything like that. I suspect someone may be overly concerned or just projecting the way the concept of confidentiality of personal information, especially medical information, is often described. I doubt that the US Department of …