Who should mention accomodations?

Golf · January 2006

We have an employee that has been off since mid December, it may turn into a Long Term Disability.

He has not asked about coming back to work, in fact he doesn’t think he will be able to.

Do we have to ask him if he would like us to look into accommodations?

jrzgrl · January 2006

How long does your STD plan run? Ours is for 11 weeks, so LTD wouldn't even be a consideration at only being out for a month. Have you done all of the appropriate FMLA paperwork if you fall under it? If the EE is certified by the doctor as not able to return, the only thing you have to worry about is counting down the 12-week clock and informing the EE of said countdown.

SMace · January 2006

If the EE is certified by the
>doctor as not able to return, the only thing you
>have to worry about is counting down the 12-week
>clock and informing the EE of said countdown.

That is not true. If he is a qualified disabled person you may have to extend his leave or provide accomodations. It depends on whether it is reasonable or not. If it isn't you must factually be able to defend why it isn't reasonable.

jrzgrl · January 2006

"If he is a qualified disabled person you may have to extend his leave or provide accomodations. It depends on whether it is reasonable or not."

I was going by the statement that the employee did not even think he could come back to work. If the EE said he might be able to come back, then that puts a different spin on it in relation to accomodations, yes. If the doctor says he's unable to work, no accomodations are necessary.

SMace · January 2006

I would require a return to work note. It must say "return to work with no restrictions." I would tell him that if he cannot return to work with no restrictions he must tell you exactly what his restrictions are. You should provide him or his physician with a physical demands analysis of the job.

CindyG · January 2006

Now I'm curious, as I've never had a LTD claim to handle. How would it work if the employee exhausted his medical leave under FMLA if he was out of work for over 12 weeks? You don't have to hold their position for them, however LTD insurance doesn't kick in until after the first 26 wks of being out of work. Even though you'd terminate their employment, would they still be eligible for LTD insurance at the 26 week mark? Usually when they're terminated, they wouldn't be paying the insurance premium (our employees pay for their own LTD insurance).

jrzgrl · January 2006

That's interesting...our LTD is employer-paid and kicks in at the 12 week mark. So as long as the doctor certifies it, they continue on LTD even after their FMLA runs out and they are no longer active employees.

Who should mention accomodations?

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