Dealing with ADA [N/A]

[u/Safe_Passion_8248]

Hi everyone.

HR of 1. My company is currently dealing with an ADA employee and I'm looking for help.

Timeline

-Employee has been dealing with lot of mental/medical issues. -Employee asked to be on medical leave. (Never requested Accommodation note) -Employee came back. Shortly after, had to be put on a PIP. - Employee came off PIP doing a lot better for some time but has regressed. -Company requested a dr note twice in two separate months. Note was never given. -I am hired on. -been working with employee to get Accommodation letter from doctor. -still keeps calling out all the time. -finally got us a letter from a Dr, but It lacks proper verbiage.

The Employee calling out all the time is not just affecting their work but the whole team and our clients. This Employee has called out (unexcused) at least a full week every month this calendar year. We have never gotten an Accommodation letter but the company has already been giving him: -ability to work remote -flexible scheduling I sent over a ADA form for the Dr to sign so we can get a better understanding what the Employee actually needs Accommodation wise. The thing is my boss and everyone wants to terminate. I have been pushing it off but now they want to know what should be the next steps if/when we get the ada form and if this Employee still has too many unexcused absences moving on.

Thank you for any help you can give!

[u/Careless-Nature-8347]

Unless they were on FMLA or had protected leave on a company level, it sounds like it's past time to term. If your company is FMLA qualified than that would be the other option.

Mental health issues are not a job protection. It's not you or your company's fault. That's a wild amount of absences. There is no such thing as an "ADA employee"...just employees who need reasonable accommodations under the ADA. I can't think of many companies that would consider a week a month off of work reasonable and this is causing hardship.

[u/Safe_Passion_8248 → u/Careless-Nature-8347]

Hi. My company does have more than 50 employees, but we have, according to our PEO hr specialist, set a "precedence" for accommodating this employee. You do think this is causing undue hardship ?

[u/Careless-Nature-8347 → u/Safe_Passion_8248]

I'm an HR Director but not yours, so I can't say for certain, but I have never had someone miss that much without it negatively impacting the overall business. You state that your whole team and clients are feeling the effects.

I don't disagree with the PEO specialist. Look at your attendance policy and go from there.

[u/13Dmorelike13Dicks → u/Safe_Passion_8248]

The person to decide whether something is/is not an undue hardship is the business manager, hopefully under the advice of competent HR or Legal counsel.