Yet another tricky situation I need advice on

I am somewhat embarrassed to even post this, but I really need some input to make sure I am not missing something. We have an employee who has a child with an eye problem, he is 4 years old. He needs constant patching of his eye and her current babysitter will not make sure he keeps it on, thus making his potential therapy not as successful as possible. Against my advice, she was granted the ability to work from home while watching her child. The owners of the company like to be pretty accommodating, but I felt this was outside the level of accommodation we should offer. It has now been 3 months that she has been working from home. She is a non-exempt hourly employee. She had been granted until Jan 5, 2005 to work from home. The letters from the doctor state he will likely need patching until at least sometime this fall. Now management wants to not grant any further accommodation and ask her to come back into the office to work. Do we need to give a specific reason other than we feel we have been as accommodating as we can be, and we can no longer grant her the ability to work from home?

In my mind I see it as a babysitting problem, although I am sensitive to the issue, my nephew has been going through the same treatment for almost 2 years now, so I know a bit about this, but see that as immaterial. I feel like the company has made some changes to assist her and now it is her turn to make some changes if necessary to get the treatment her child needs. I would also like to not totally alienate her in this also. I am also quite concerned about the precedence we have set in this! So I welcome your comments. Thanks!

Comments

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  • Before getting into other aspects of some feedback, what is the FMLA status of your company and this employee?
  • We are a very small company only 17 employees. Sorry I did not post that ....I know better :-)
  • When we allow any change like this, it is after a formal request from the EE with a concurrence from the supervisor, if applicable. We formally respond with any kind of requirements or limitations. Time limit, reporting expectations, work-at-home rules, work product, deadlines, and anything you can think of that would make the expectations as clear as possible, and as enforceable as possible.

    Our policy states that these things are discretionary and very much depend on inidividual circumstances and that some jobs can only be done at work.

    Once the time limit was reached, the situation would require a formal written request from the EE to be reviewed to determine if it was still working as planned.

    If the situation is no longer working for management, I would just be straightforward about that.

    You know from your own experience that this situation can be managed around work. You might tell her how you do it just so she knows it can be done, but it is up to her to solve this.

    In general, we are a very employee friendly place to work, that said, we rarely grant work at home privileges and have never done it for more than a day or two.
  • After my return I did make her put in a formal request for the accomodation and she was a bit upset by it but I tried to explain that it would be expected of anyone, in any medical situation. I don't think she sees any other resolution than being off work, which is not necessarily the case but I don't know that it is my place to suggest what she should do. She will tell me the child does not like the glue on patch and she cannot afford a different babysitter, and although I understand all those things, I do not think they are the company's concern after helping her out this long, so I am reluctant to even go down that road of conversation. Even if FMLA applied to our company , she would have done her 12 weeks by now...so regardless she would be out of time.
  • I'm not sure the 12 weeks would have run out if she was qualified because she was working at home.
  • I meant if she had taken FMLA leave it would have been up by now. We would have not allowed working from home and FMLA.
  • The Forum has witnessed a ton of ways company execs and owners get themselves in binds making these kinds of judgements. And, I cannot think of a single way to extricate the company from it other than to say, "It's over."





    **When we do for others what they should do for themselves, we disempower them.**
  • Thanks Don. I was kind of shocked since before I left I was very clear with her and the owners that her options were Paid Family Leave or continue working...and then she went in to owner and he felt bad and is always wanting to be sympathetic to employess and thier families, so he let her work at home. He does that to me every now and again and I have to remind him he got us into it, so if any suffering needs to take place it is due to not taking my advice. I don't put any energy in getting upset about it. I only left for a day....

    Current plan is to deny her request to continue to work from home, and no she has not put it in yet, I am sure she will the 5th, she is on vacation today and tomorrow. Then we will grant her 2 weeks of the continued working from home arrangement to find alternate solution for her son. I will also remind her she can take Paid Family Leave, and we can see where it all goes.
  • I don't think you owe her an additional explanation. You gave her until 01/05/05 to make other arrangements, now it's up to her. I would, however, send her a letter reminding her that you expect her to report back to work on 01/06. If she doesn't show on that date, follow your normal procedure.
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