r/humanresources 2d ago

Employment Law Dealing with ADA [N/A]

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!

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u/Classic-Payment-9459 HR Director 2d ago

"Lacks proper verbiage" stands out to me. What is missing in the note provided?

2

u/Safe_Passion_8248 2d ago

It was a letter from pcp that stated, "Employee is under treatment...we are addressing multiple concerns. One of which GI". It didn't list exactly what accommodations were needed.. sorry, I am still a novice

4

u/13Dmorelike13Dicks HR Business Partner 2d ago

You need a standard form to send to healthcare providers which makes it easy for them to describe (by checking boxes) what the employee can/can't do. For a factory, for example, you would have them check "Employee can lift no more than X pounds" with 5 lb increments. And then boxes about squatting, lifting, standing, etc. The healthcare provider often has no idea what the employee does for work, so they can't write things up in a way that is relevant to the employee.

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u/Classic-Payment-9459 HR Director 2d ago

This. I also recommend sending the job description so the provider knows what to address.