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ADA vs. Layoffs

kkschleichkkschleich 4 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an issue I need help with! We have a production employee who's already been moved to PT status due to lack of work (Feb 09). He has now been off work since 3/30/09 with heart problems. His manager was already considering putting him on permanent layoff before the recent problems, (there is precedent, as another employee was recently moved from temporary layoff to permanent) but now we are concerned that due to his heart problems, that we cannot lay him off anymore. This employee is a forklift driver, but has not been used as such for weeks. We've been moving him around, even PT, just to fill holes as they come up, but the holes are drying up & he really has no work to do anymore. Does anyone have any guidance for me?
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  • 2 Comments sorted by Votes Date Added
  • LindaSLindaS 1,510 Posts
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    You do not have to make work for an employee simply because they might fall within ADA. You are required to engage in an interactive discussion to determine what, if any, accomodations you can make to allow the EE to perform his/her essential job functions. If you do not have anything, you are not required to make work.

    If you do not have work available and the EE is unable to perform his job, you can lay him off the same as anyone else.

    The idea behind the ADA is to allow people with disabilities the SAME opportunities for jobs as those that are not disabled. It does NOT grant them GREATER rights.
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  • NaeNae55NaeNae55 3,243 Posts
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    I agree with Linda. However, just make sure your documentation is correct and in place. You know that you are not targeting this employee, but make sure your documentation proves it.
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