vericose veins & fallen arches

T

Does vericose veins and fallen arches constitute a disability under the ADA? I am having so many light duty requests coming in I don't know how to handle them. I am in the process of compiling a "light duty policy" for some of the situations. I have one situation where an employee is on "Light duty" and cannot be on her feet excessively. However, her "excessively" only applies when she has to perform a duty that she doesn't like. How do I handle these types of situations.
Can I dictate what a "light duty" job is? For example, if we have several job duties for one job title, can I make just one of those duties the "light duty" job? Help!!!

awilliams

Dear T,

When in doubt, consult the experts. Ask that each employee simbit a form filled out by their health care provider that identifies exactly what they can - and cannot do. You also have the right to send the employee to your expert for an opinion, although you will bear the cost of the exam. Remember, your duty is to present a reasonable accommodation, you don't have to completely redesign the job. Neither do you have any obligation to give them a "light duty" assignment, although some companies chose to do so, usually on a temporary basis. If they cannot perform the essential functions of the job, with or without an accommodation, they are not qualified.

Anne Williams

Theresa Gegen TX

Whether something is a disability is not based on the diagnosis. Rather, it is based on the limitations that stem from the condition -- is this employee substantially limited in a major life activity? That depends on (1) what the major life activity is and (2) what are her medical limitations.

Seems to me like a release that says "no excessive standing" is not usable, unless you have jobs that have no standing at all. The employee needs to go back to the doctor and get a release that explains what that means (is 1/2 hour every hour too much, or is 5 minutes every hour too much, or what?)

Once you have the medical facts from the doctor, then you can determine whether you have a job available that the employee can do, whether a job can be modified to meet the employee's need, or whether the employee is unable to do the essential function and there is no reasonable accomodation available.

Good Luck!