ADA qualification?

LeslieC

I have an ee whom I do not think will qualify under FMLA. Her issue is excessive absences due to fatigue (she calls in sick about 1 day/week). She is not under a doctor's care. However, she is 60+ years old, and a cancer survivor (she had the cancer over 5 years ago, before she worked for us). I will be meeting with her to go over FMLA rights etc. If it turns out that she doesnt qualify for intermittent FMLA, would ADA fit here, since she cannot work a full 40 hour week, but she is perfectly capable of doing the job on a part time basis? We are willing to make the "part time" status as an accomodation if this is the appropriate way to go. I have read bunches of ADA and FMLA stuff and my head is SPINNING. Any advice much appreciated.

Whatever

[font size="1" color="#FF0000"]LAST EDITED ON 03-19-04 AT 11:10AM (CST)[/font][br][br]My reaction, based on the information given, is if you have an attendance policy follow it. I don't see anything here that would entitle her to FMLA and/or ADA and I wouldn't want to encourage her. The fact that she is a cancer survivor and over 60 are not pertinent. The key here is that she is not under a doctor's care. (If I was a sarcastic person, I would tell her to go bed earlier) Unless she raises FMLA or ADA, I would simply follow company policy on attendance.

stilldazed

I agree with Whatever. Without documented medical care going on, there is nothing medical to address--no FMLA/no ADA. Don't make the issue harder for yourself than it has to be. Not to suggest your employee is looking to abuse any policy, but don't let yourself get fooled by what you think circumstances look like.

We had a similar situation: employee was filling FT position (with benefits), notified her supervisor that she was no longer able to work full 40-hour weeks, supervisor unilaterally agreed to give employee one day off a week (did not request that the employee take PTO or change the EE to PT status). When I got wind of the situation, it had been going on for several months. The employee was continuing to accrue PTO and enjoy having part of her benefits paid for by our company (against company policy) while only working 4 days/week. Everyone else on the same shift was being required to work 40. She was 70+ years old, and as it turns out, she was saving PTO time for her retirement date. After 20 years with the company, she could have sold unused time at 100% of hourly wage (based on our policy). She was getting ready for a cash windfall. Fortunately, we got the whole situation corrected about a year ago, before she hit us with the sellback request in September when she retired, and we didn't make her too angry in the process. I think we angered the supervisor more by reversing the decision and excercising some control over the department. We were successfully able to convince the supervisor that the employee could continue to take one day a week off if the department's work schedule allowed, but the unworked hours would have to be replaced by PTO on the timesheet, the employee should be required to work 40 hours (like everyone else), or the employee must be changed to PT status and lose group benefits. The employee wanted the benefits because of prior medical history and has kept premium payments current under Cobra, and it was a good thing to fix. Other employees were being asked to carry the load for the hours (call center operating 24/7).

LeslieC

thank you,this helps. EE has not requested reduced hours. She just keeps calling in sick about once a week (our policy does not require a DR note for a 1 day absence, no matter how many you take). Manager and I are preparing to talk to her and want all "ducks in a row"... want to be prepared for whatever she tells us. One idea the mngr tossed around with me is suggesting she go 'part time' but we dont want to set the precedent with other ee's in the dept. Hence, thinking towards FMLA for intermittent leave if she IS under DR care, and being aware of ADA if this IS the result of her previous cancer treatments (which I looked up, this IS an covered by ADA)... we'd like to keep her, but cant keep having her call in sick once a week. tough balancing act here. thanks for all the insight.

stilldazed

It can be tough. Best wishes for a successful resolution.