FMLA - ADA?
bwojt_menv_com
7 Posts
We have a mechanic who has been off on FMLA for irritable bowel syndrome for 11 weeks. We received a doctor's note saying that he can return to work, but that he needs to be 10 or 15 minutes from a bathroom. His work locations vary on a day to day basis. Some days it is doubtful that he will be within range of a bathroom. Unfortunately, before he went out on FMLA he alienated his supervisors and his co-workers by constantly arguing with them, taking exception to everything, acting bizarrely and he was even overheard to say that he wished he would be fired. Of course, none of this was documented. His supervisors feel that HR has let them down by allowing him to come back and that his need to be within 10/15 minutes of a bathroom will be a hardship on them. According to Doctor's notes his condition could be controlled if he took certain medications which he doesn't want to do because "they are too expensive". Since his condition could be controlled, we are not treating this as an ADA issue. Our plan is that if he feels like he can't work at a certain work location, then we will send him home (LWOP), at least until he has exhausted all 12 weeks of FMLA. After that, we would consider terminating for convenience if he cannot work. Are we correct in our interpretation that this is not an ADA issue? He has stated time and again that he doesn't have a disabillity. Can this problem employee be terminated once FMLA is exhausted?
Comments
Go to an attorney specializing in employment law and familliar with FMLA who is located in the state where your mechanic spends the majority of his work time.
I do not think you can get an authoritative answer on this from a non-legal source.