ADA, WLAD, Depression

MB1004

An employee has been diagnosed with depression. Exhausted her FMLA leave and has been released back to work. She is starting to miss time again and come in late, saying it's the "depression". She has no more sick, vacation, etc. available to use, so now all her absences are unexcused. Under WLAD, she would be disabled, but I'm inclined to say that I don't need to make an accomodation for her regarding attendance. She's in sales, her position is important to our bottome line. Regular attendance is an essential job function and I feel she should have to abide by our attendance policies. Anyone out there have any comments?

mwild31

Hi there & welcome to the forum! You can find information on WLAD on this site and specifically FAQ's on disability:

[url]http://www.hum.wa.gov/employer/faq.htm#disability[/url]

The ee does need to follow attendance policies. However, in WA you can't JUST simply terminate, as a WA State law is more stringent than Fed. On this site you will see that you need to establish a dialogue with the ee, you need to review her current job & see if you can make any further accommodations, if you determine you cannot accommodate, you need to actively help the ee find another job...etc., etc., etc.

It's great law for ee's, but a headache for employers. Whichever side you fall on, you can thank WA legislators for this law. If you feel uncomfortable with this information, I would contact your employment lawyer.

MB1004

Thanks for the link and the advice. I knew what I needed to do, but I was having a hard time finding specific reference to WLAD so I could reassure myself. I had been searching the state legislature site and just getting a headache as I made my way through their tangled web.

And yes, I do thank the WA legislators everytime I handle a new ADA, FMLA, Work Comp, etc. case. It's amazing how many different ways the same case can be handled if you just move to another state!