Live Blog Ask an Advisor Chat: Reasonable Accommodations under the ADA

Live Blog Ask an Advisor Chat: Reasonable Accommodations under the ADA
 
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COMMENTS 36

Comments

rtjnaw8

Working through an ADA accommodations cases are among the challenging issues we face.

Two employees share an office. One smokes, one wears perfume. One complains about smoke, the other gets migraines from perfume. Can I mandate that just the person using perfume stop since the other has a medical condition that is exacerbated by the perfume (migraine)?

How long approximately after fmla/cfra leave is exhausted must an employer accommodate an employee taking time off work to be considered reasonable?

Chat rooms are new to me. Am I in?

We have employees with respiratory issues requesting "fragrance-free zones." What is the latest case law/approach to this topic?

When is reasonable excessive

We have a long term employee who has been seen by her doctor and has given us notes for restricted "light" duty with no end date. nothing explaining what the "light" duty should be. We have been accommodating for over 2 years now and we recently had our employee go thru a job assessment thru workforce safety to help us determine what we should be doing, she can only do 40% of her job per the assessment. What is our next steps and how best do we lay out the options for us and her including Long term disability and such?

Want basic information on the ADA

Our firm is 15 employees. This is the total both part-timers and full-timers. We are located in VA. We have recently hired an employee. She now has been diagnosed with stage 4 cancer. The diagnosis is days old. I don't think we are covered by ADA, but if we are, is this disease covered under the ACA rules. Our plan for now is to keep her on full-time and give her time off for treatments.

Does an employer have the right to send an employee back to their doctor and request more information. For example a doctor said in his note that an employee could not drive a bus because of the chair but didn't indicate what problems the chair caused, only that we change a chair.

Need to know about when workers' comp injury results in possible ADA impairment.

An employee was asked to give a statement regarding being observed sleeping during her shift - night audit. In her statement she said that she had black outs at home. She went to the Doctor and he said she had exhaustion. She told us that she didn't tell her doctor that she was not taking her thyroid medication. Recommendations/ suggestions for the interactive process and next steps?

An employee has a loud hacking cough that disturbs her colleagues. We've received a fitness for duty form from her physician, so we know its not contagious. Her job is office based and can't be accomplished at home. We've had her work in conference rooms when possible. It's become an uncomfortable work environment for the department. Not sure if we have other options or if we can release her.

We have an associate that was having performance issues. Her manager coached & counseled her for months. Then she said she needed an accommodation and we went through the ADA process with her. She was given an accommodation of significantly less work than her peers and the ability to work from home. Her performance has gotten worse. We're getting complaint calls from customers and it's seriously impacting our business. At what point is appropriate to move forward with a documented write up?

What are an employer's responsibilities for an employee with alcohol abuse issues?

Hello

If any employee has not / will not taken their job description to their physician for evaluation as part of the interactive process, what is the recommended next step? Employee is basically not participating in the interactive process.

I have a question regarding when ADA should take over instead of FMLA.

Do we have to make a reasonable accommodation for an employee who requests a return to work between surgeries, even if the doctor has approved it?

We have employees requesting a stand up desk due to back problems. Now everyone is jumping on the band wagon. These are fairly expensive and massive. Do we have to comply?

comment

In this organization the practice is that the employee first exhausts FMLA, then 90 days of MLOA, and then they are given ADA paperwork to complete if they require additional time. Should we be providing the documents after the FMLA leave and provide additional leave as the accommodation?

We have a housekeeping employee with major vision issues. He is good at his job but we worry about his safety on stairs and in potential trip and fall situations. Can safety (or a lack of) be considered for reasonable accommodations?

Please delete my earlier comment. I entered it in the wrong spot. Sorry.

I would like to know when ADA takes over and FMLA stops or is no longer primary

While the employee is out on FMLA, then MLOA, then ADA; are we able to hire someone to do his job? He would potentially have a job or different job upon return.

In the state of California, when an employee is not cooperating in providing medical documentation from their doctor regarding their leave, what are the best practices for employers if they may have to terminate the employee? Do they have to seek legal counsel before any adverse action against the employee?

If an employee has been with a company for less than a year (therefore not eligible for FMLA), has been previously talked to about calling in, not working full-time hours for a position that requires full-time, if it continues then they may be moved to part-time etc. has now indicated they have anxiety issues and a doctor note. Is anxiety covered under the ADA? And if so, other than a reduced schedule to part-time (which means they would lose their health benefits) what other accommodations are available? Is there an issue with moving an employee from FT to PT based on the need of the position which would leave them without health benefits?

Will we be able to see the complete links in the transcript that are referenced in today's blog?

I'd love a transcript of this for future reference.

What is the best way to handle accommodations for employees in a treatment program for alcohol/drugs? They are not protected if they begin using again correct?

All unanswered questions should go through SHRM’s Ask an Advisor service. SHRM HR Advisors are available Monday through Friday from 8:30 a.m. to 8:00 p.m. ET, via chat or email by visiting shrm.org and clicking HR Help at the top right of the page, or phone at 1-800-283-SHRM (7476), option 5. Not a SHRM member and can’t access this members-only benefit? Join SHRM by visiting membership.shrm.org or call our member care reps at 800.283.7476, option 3.

All unanswered questions should go through SHRM’s Ask an Advisor service. SHRM HR Advisors are available Monday through Friday from 8:30 a.m. to 8:00 p.m. ET, via chat or email by visiting shrm.org and clicking HR Help at the top right of the page, or phone at 1-800-283-SHRM (7476), option 5. Not a SHRM member and can’t access this members-only benefit? Join SHRM by visiting membership.shrm.org or call our member care reps at 800.283.7476, option 3.

All unanswered questions should go through SHRM’s Ask an Advisor service. SHRM HR Advisors are available Monday through Friday from 8:30 a.m. to 8:00 p.m. ET, via chat or email by visiting shrm.org and clicking HR Help at the top right of the page, or phone at 1-800-283-SHRM (7476), option 5. Not a SHRM member and can’t access this members-only benefit? Join SHRM by visiting membership.shrm.org or call our member care reps at 800.283.7476, option 3.

All unanswered questions should go through SHRM’s Ask an Advisor service. SHRM HR Advisors are available Monday through Friday from 8:30 a.m. to 8:00 p.m. ET, via chat or email by visiting shrm.org and clicking HR Help at the top right of the page, or phone at 1-800-283-SHRM (7476), option 5. Not a SHRM member and can’t access this members-only benefit? Join SHRM by visiting membership.shrm.org or call our member care reps at 800.283.7476, option 3.

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