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Not FMLA eligible, maybe ADA

CathyMacCathyMac 16 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
EE has presented a note from a nurse practioner stating that EE has to be on leave for 8 weeks. She will have "frequent appointments" for depression and anxiety. EE has exhausted all sick leave and is not eligible for FMLA. Do I require certification of a disability and then offer accommodations? Just allow a LWOP for 8 weeks? Attorneys advise not to terminate.
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  • SystemSystem 5,885 Posts
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    I think it would be wise to enter into a discussion with the employee about what accomodation she would like you to make. remember, you do not have to accept the employee's accomodation, only arrive at a "reasonable" one. Secondly, her condition may or may not be considered a disability under the ADA. Additionally, if you offer her time to attend Dr appts., but still require her to work, that very well meet the "reasonable" standard. Completely missing work for 6-8 weeks may be considered as unreasonable - regular attendance may be considered as an "essential function" of the job. You are not compelled to give her the time just because she says that's what she wants. See if you can work out a reasonable compromise.
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  • CathyMacCathyMac 16 Posts
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    So, you don't think I need to send her to another provider? I'm a little skeptical of a diagnosis coming from a nurse practioner that requires an 8-wk leave.
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  • SystemSystem 5,885 Posts
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    yes, I would definately require a statement from a doctor, preferably in the psychiatric field, to assess her condition and recommend accomodations you might consider.
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