›

Short Term Disability as Accommodation for ADA

JackieJackie 41 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Somewhere under Employers Forum, Employment Law Letter or HRHero.com I was sure I saw an article indicating as a Employer we had a right to expect regular attendance from our employees, and that offering an employee Short Term Disability as an accommodation for their inability to come to work on a regular basis was allowed. In this case, FMLA does not apply due to lack of 1250 hours in past year.

Can you help me find this reference or does anyone have documentation for the above? I have tried multiple searches through the system but have yet to find it.




Share on Facebook Share on Twitter

Comments

  • 1 Comment sorted by Votes Date Added
  • SystemSystem 5,885 Posts
    PMVote Up0Vote Down
    If you have establihsed that satisfactory attendance is a requirement of the job by policy and by enforcing attendance expectations on emplyees, you can hold even an ADA-qualified employee to those expectations, provided of course, you have made reasonable accommdation. That is, if the accommodation(s) don't result in the employee meeting attendance expectations, then, theoretically, the employee is no longer ADA-qualified.

    I don't know about the specific issue of having a STD plan being, itself, a reasonable accommodation for this or any employee. But there is nothing that would eliminate it as a possible reasonable accommodation if it is designed to try to get the ADA-qualified employee to meet or perform the essential requirements of the job.
    Share on Facebook Share on Twitter
Sign In or Register to comment.