LarryC
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The ADA protects alcoholics whether they are recovering or continuing to drink (practicing). The ADA protects drug users only if they are in recovery. If they lapse back into drug use, they lose their protection. Not so with alcoholics. That said, …
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Linda, you're not disagreeing with me; you are agreeing with me. I stated in my first post that "but poor performance and excessive absenteeism are not protected".
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Hi Eve, First of all, the ADA does cover alcoholics even while they're drinking as opposed to drug users who lose their protection when they start using again. Go figure. But again, you have a right to expect good performance and good attendance. …
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There are two issues here, Eve. 1. ADA protects practicing alcoholics, but poor performance and excessive absenteeism are not protected. You can maintain these expectations as you would the rest of your employees. I'll assume that these incidents h…
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Kendall, I'm not aware that the ADA considers HIV to be a disability. I could be wrong here; I just don't remember any case law that has supported this. However, if YOU consider (perceive) it to be a disability, then you are under the ADA obligation…
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Linda, the regs say "care for an immediate family member", which he is. Whether she's "caring" for him primarily or as part of a team, I think she qualifies. You can get technical and try and define "care", but I wouldn't. I'd accept and trust the …
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Within the past year there was a lawsuit addressing this very issue after an employee with the same condition was terminated. The company won because it did try to accommodate her the best it could. Lawyers on this forum can probably cite the case. …
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Hi Joyce, I just sent one over along with the pay scale. I assume your looking for the job descriptions and not resumes.
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Depending on what is wrong with him and what, if any, permanent restrictions may surface, he may have ADA protection for disability even if his FMLA is exhausted. However, that being the case, I would think that finding or creating a desk job for th…
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That will depend on what the EE does during those three days. Hopefully he/she will be quite active. With this EE's past, I wouldn't be surprised if the EE is "on alert" for surveillance.
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In some states, such as Minnesota of course, the EE has the right to see her own doctor. Aside from that, I have used surveillance in the past. It is very expensive, but can be helpful. You have to catch them in a pattern of misdeeds not just a few…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-21-06 AT 10:56AM (CST)[/font][br][br]Paul, why couldn't the cat have been grandfathered in.....seriously. I DON'T WANT TO SEE ANY LOL's OUT THERE!!
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Don't you just love it when you want to fire somebody for not showing up for work, but you can't because they haven't shown up for work? If the doctor didn't disable him from being at work, the W/C carrier and you don't owe him anything as far as p…
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I'm assuming that "arresting people" is an essential job function here. This person is willing and asking to perform this function at his own personal risk. My position would be to not allow this, but instead seek a reasonable accommodation. PST, yo…
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Scanning through the regs, I don't see anything that would apply here. That doesn't mean it's not there. I just haven't come across anything. But I did see that if you have any USERRA questions to contact VETS (U.S. Department of Labor, Veteran's Em…
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Your responsibility is to reasonably accomodate. Weighing the cost of the accomodation and its impact eventual impact on the othjer employees and the organization as a whole will tell you if it is reasonable.
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Keep her away from open flames in the meantime.
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Not cleanly. My next step would be to meet with the employee and tell him he is not performing the job the way it needs to be performed. Ask for his input as to what the next step should be. I assume you have limited possibilities, so at this point …
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You Cornhuskers have it right. Here in the Land of 10,000 Ways Minnesota Is "Funny On Some Things", the link to which Lenetta refers is an guess by one of our finer publications on what it THINKS the FMLA means. This publication emerges from somewhe…
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Lenetta, I would put him on FML, send him the letter as jmcaa suggests, and get the certification later. I'm sure he'll have a bundle of it.
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Lenetta, first of all it was a she; a rather large she. She fell asleep in her chair and was beginning to capsize when we all kinda in unison cleared our throats. She immediately "righted" herself, but was totally lost in the proceedings. It was rea…
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vphr, you should have been with me at a UI hearing a couple of years ago when the hearing judge fell asleep. Talk about a tension breaker! That was a hoot.
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Here in the Land of 10,000 Lakes and 14,000 Islands we kinda follow WI's lead and would probably pay UI.
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No more so than you would do for any other employee. AFTER she qualifies and if she is still exhibiting what could be considered a serious illness, THEN you start your process.
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In answer to your second question, this is sometimes referred to as "bonding leave" and must be completed within 12 months of the birth or placement.
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If he's been out this long on work comp there may be some permanency to his condition which would bring the ADA into play once the FMLA is out of play. Tread carefully. I would be in constant touch with the work comp case manager to keep that person…
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swynia, here in the Land of 10,000 Employement Laws and Enough Lakes In Which to Throw Them, we do have an excellent Employer's Association which is headquartered over in Plymouth. I don't know exaclty where you are located, but I would guess it's n…
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I think this situation has come up before. Nevertheless, here's what I would do. Tomorrow will be the third day. If still no call, prepare the termination papers and the FMLA papers. You're eventually going to find out what is happening. Based on t…
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Good point, T. I agree that these situations can be "contagious", but you do have the medical cert thing to sort out the real cases. Plus you can ask for a medical cert from your own doctor too.
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Clinical psychologists also qualify as do other assorted practioners. I'm with Whatever. Give her the medical certification paperwork and see what happens. If she qualifies, she qualifies. Why would you not want to accommodate an employee with thi…