talking to "helper" about disability

Half HR · June 2005

We have a disabled employee whose disability is progressing to the point where we're not sure whether it's safe for her to perform the essential functions of her job. We're having a doctor certify whether or not she can, and then we'll discuss it in depth with our attorney to decide what to do next.

In the meantime, the employee has asked a relative to help her navigate the situation. She wants us to answer any questions the relative asks us and is willing to fill out authorization and info release forms.

Would you discuss anything with this relative, either in writing or in documented conversation? I don't want to even discuss the basic facts of the situation, but the employee feels she isn't able to do it all herself.

What would you do?

Thanks,
Half HR

HRLASS · June 2005

I would do what I can to hold out for talking to the employee directly - you run too big a risk for things to be reported as interpreted than as stated and creating more problems versus solving them. At least have the employee present with the relative speaking for her if she doesn't want to talk.

Half HR · June 2005

Thanks,

Half HR

LivindonSouth · June 2005

You might also want to consider typing up a very brief release form for her signature, something like: "Ann Jones, my aunt, is hereby appointed by me to help me with my personal affairs. Ace Enterprises has my permission to discuss with Ann anything related to my employment, my personnel file and my medical file, whether in my presence or not."

HRinFL · June 2005

Continuing with The Don's advice, I would ask for any questions in writing. This gives you time to review questions and not be put on the spot answering off the cuff. You could even answer in writing, that way you have documentation of what was asked and your response.

dchr9203 · June 2005

Put yourself in this person's shoes. If you were suffering a disabling condition, would you want someone close in your family to assist with your affairs and life matters? Must be a very scary thing to know that you are becoming more and more unable to care for and support yourself. Fortunately for her, she has a family member she trusts to help her. If the employee requests it, then considering the circumstances, I would allow it. Getting a signed release from both the employee and her "helper" is always a good idea.

pork1 · June 2005

I also concurr, and would even go so far as to set up my video camera to tape the sessions with everyone's full knowledge that the session is being video taped, and that at anytime any party of the session wishes to "go off video taping", then I would shut it off and resolve whatever the issue was and then begin to tape again. This way there is no reason to get any differing feed back "out of context" of what was stated in the meeting.

Good luck and be accomodating as far as you can, you also may want another company person involved as a witness like your assistant if you have one.

PORK

LivindonSouth · June 2005

[font size="1" color="#FF0000"]LAST EDITED ON 06-21-05 AT 12:52PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 06-20-05 AT 07:36 PM (CST)[/font]

My God, PoRk. What an affront to everyone's sensibilities to videotape such a benign series of conversations. If you were ill and wanted your elderly sister to assist you, how would you both feel if someone rolled in a tripod and camera?

deniseE · June 2005

speaking from a person in this position...I would encourage you to work with the employee.

My husband and I have Power of Attorney with his disabled brother. He is employed, but sometimes has difficulty understanding changes. New leave request rules, for example. There is a copy of the POA on file with the employer and it's updated each year.

Whenever there are documents that need to be signed, HR gives them to Jack in a sealed envelope, he brings them home and we look over them. We help him make insurance coverage decisions, and all that basic stuff.

He understands that he needs help, but it's embarassing for him...and it would only make it harder if the employer didn't work with him and make this easy.

LivindonSouth · June 2005

Salute to you. I wish there were a way for you to tell him that everybody needs help with these things on some level and he's no different.

talking to "helper" about disability

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