tendonitis/carpal tunnel

HollyG

I have an employee who wants to take FMLA (reduced hours) for tendonitis to the shoulders and wrists? This employee is a marketing person whose basic tasks will still require her to type on the computer. First, is tendonitis/carpal tunnel considered a serious health condition? And since reduced hours will not fix her problem likely, can we not grant her reduced hours, but instead require her to take an actual leave from the job?

Theresa Gegen TX

Please, do not play doctor. The employee should be given the paperwork to get an FMLA certification from her doctor. If her doctor certifies the condition, and the company thinks it is bogus, then the company can get a second and third (tie breaker) opinion under the FMLA regs. That is the only way to really determine if the condition qualifies for the FMLA.

BUT do not forget the ADA. Sounds like this is more like a request for a reasonable accomodation. Whether this employee is disabled depends on how the condition effects her Major Life Activities. To determine, you need to see her restrictions (and even then, it may be difficult to know). Then determine whether granting her reduced hours is a reasonable accomodation under the circumstances.

Good Luck!

Down_the_Middle

HollyG:
Be careful not to jump to conclusions with this. The carpal tunnel may indeed qualify for FMLA, but there may also be ADA issues involved here. If this is a very new experience for you, I'd suggest getting some legal counsel to help guide you thru this request. The medical certification should help you determine whether her carpal tunnel qualifies--------chances are it will if there's on-going medical treatment. Not sure why you'd encourage her to take a full leave when she's inquired about reduced hours and is willing to do so. Seems to me her presence everyday is better than not at all, but your org may feel differently.

Gillian

The Fair Employment and Housing Act (Ca) approach to disability is more liberal than the ADA, so you do have a potential problem. The ADA states that a qualifying disability is one which "substantially limits" major life activities. The word "substantially" is not included in the FEHA, so anything that is limiting is potential litigation. Be careful!

Pork

Hollyg: I think the first thing you need to do is consider whether or not the pain is an aggravation of a previously exsisting condition. Carpal Tunnel and Tendonitis could be a worker's compensation issue rather than an FMLA action. We had a case just present itself last week and was confirmed this week as an aggravation of "carpal tunnel" in the wrist. Individual did not want to report it as a work related injury, but the physician who is treating her determined that her work task over the last 4 months was directly related to an old carpal tunnel syndrome situation. At first we were going to terminate, as the individual became medically disqualified to do the specific task of the position. After reviewing the physician's report we had no choice but to turn the case in to the W/C carrier and let them handle the case; we will then respond, appropriately. If she has surgery and becomes 100% rehabilitated we will consider her for other work in which she may be medically qualified. Otherwise, she may never return, we must wait and see how it unfolds! Just a thought that might help before the fact, and you get all tangled up over FMLA when it could be W/C. Pork