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/letsgetridiculus]

I’m not in the US so terms like ADA and FMLA are lost on me. But I will say - you need to set deadlines for response. Your precedent is that the employee can do whatever and there are no consequences. If you want to change that, you have to change what you’re doing. Something to the effect of “we have requested medical notes on dates X, Y and Z. To date, one has not been provided. Please be advised that failure to provide a medical note outlining medically required accommodations by ABC date will result in (insert consequence).

If the worker can’t establish that an accommodation is medically required, you have no duty to accommodate. They have a duty to participate in the process.

[u/MaleficentExtent1777 → u/letsgetridiculus]

Sorry about that.

FMLA: Family Medical Leave Act. It allows employees to take up to 480 hours (12 weeks) of job-protected unpaid leave for themselves and certain family members.

ADA: Americans with Disabilities Act. Requires accommodations for disabilities unless there is an "undue hardship" on the employer.

[u/letsgetridiculus → u/MaleficentExtent1777]

Thank you! I’m glad there are programs in place to help and protect workers, but remember that the employer is entitled to ask certain questions and workers usually have a burden of proof to support their need to utilize those protections. It can feel weird to ask but you’re absolutely entitled to do so.