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No Longer Under A Doctor's Care

GarGar 347 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee with a history of medical problems. The latest is related to her back for which we have made accommodations (no lifting, etc.)in line with her doctor's orders. The employee has unilaterally decided she no longer wants to go to physical therapy twice a week as prescribed by her doctor. Is it reasonable to take the position that since the employee is not following her doctor's orders, she is no longer under his care. Therefore, she is no longer entitled to her accommodation?
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  • SystemSystem 5,885 Posts
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    The first question is: Is she disabled under the ADA's definition? There are bajillions of people with bad backs who aren't disabled. No disability, no accommodation.

    If she is disabled, the ADA requires a reasonable accommodation regardless of whether she's under a doctor's care. I wouldn't try to force her to go to therapy but would make her live with the consequences (i.e., if she becomes unable to do the job even with accommodation).

    Is this workers' comp? That might change things.

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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