What to do?

HR in NY · November 2003

We have a Sales Manager who had a seizure this weekend. While having the seizure she dislocated her shoulder and badly bruised the rest of her body. As of yesterday she was released from the hospital. No one knows why she had the seizure. Yesterday she comes to work for a meeting that was scheduled. She sits in the meeting for about 10 minutes and leaves. No one including the HR Department or her Manager has heard from her. We do know that she has lost her license for 6 months. 75% of her job is on the road selling. What is your advise on what we should do? Do we have to make reasonable accomodations for her and find something for her to do inside the building? Or, since her job relies on her having a driver's license can we terminate? Please understand that's not what we want to do. I just need to explore options and get your advise. Also understand I am working on limited information. Thanks as always for your wisdom.

Balloonman · November 2003

While, you may not wish to terminate, how can you employ an outside sales person who can no longer drive? Just creating an inside job is not a reasonable accomodation in my mind.
If she no calls no shows based on your policy you can easily end her employment, even though it may not be what you want to do. The only other option is do you have another opening currently that she has the skills to be successful at? it may mean a cut in pay, but if you have an opening, and she is qualified great, but do not create a job.
My $0.02 worth.
DJ The Balloonman

deniseE · November 2003

I would caution before terminating...since you KNOW that she had a seizure....and you also KNOW that, at this point, the cause is undiagnosed (but I imagine that they are working on it)...you may find yourself with an employee that will be fine with some medication...or will be forced into a disability situation.

You don't want her to come back at you for any kind of discrimination.

Her odd behavior may even be a side effect from the seizure.

does she qualify for FMLA?

dmartenson · November 2003

We had this happen to an ee at my firm. This ee was required to be on the road 4 days/week and in the office 1 day/week.

He was the only mechanical engineer on staff, so we hired a college student (this was during the summer) to drive him around to his jobs. This was a short term fix until he was cleared by his physician to drive. His one day in the office we allowed him to work out of his home.

Yeah - it costs us some $$, but we were able to meet our contractual obligations and kept our clients happy.

FloydL · November 2003

If your covered under FMLA, don't forget to start the clock. That'll keep you from having to go through additional issues if this isn't resolved before her 12-weeks expires. As for the ADA, unless her area is geographically small enough to allow something like a bus pass for the local transit system as a reasonable accommodation, you may be ok. However, check first to see if you do have work she could do in-house if you don't want to lose her as a resource. (e.g., training outside sales if you're large & have sufficient turnover, etc.).

AJ SPHR · November 2003

First of all, don't make assumptions about the person being disabled and qualified under ADA and deserving of an accommodation. You should contact her to ask about her status, send her medical certification form to get FMLA started and any other disability plans you may offer (e.g. short term disability). Don't make assumptions on her needs or accommodations until you hear from her and her doctor.

HR in NY · November 2003

I have an update. It just keeps getting better. The ee came in to speak to me today. She's in bad shape. Came in with a friend and said this friend would drive her anywhere she needed to go. Even to the farthest point in her territory, which is probably 200 miles away. She's desparate not to loose her job. The wheels were turning in my head when she offered up her friend as her driver. I see in one of the responses this worked, but the friend would not be an employee of ours. What happens if they are on their way to a customer during working hours and they get into an accident and god forbid the friend gets hurt or even killed? What would be our responsibility in this? We decided that she would go out on disability (the Dr has agreed to this) for at least two weeks and then we would cross the bridge as to what to do. I know, just putting off the inevitable. Thanks to those who posted. Any more advice would certainly be welcome.

What to do?

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