When employees become ill, employers can find themselves in a no-win situation. Faced with a sick employee, you may recommend short-term disability leave to receive medical treatment. But that could violate the ADA if the employee neither needs nor wants all that time off.
So before you offer full-time leave, ask what kind of accommodation the employee wants. Consider all the possibilities and document the employee’s request. That way, he can’t come back later and claim you forced him to take leave.
Never impose your own preconception of what is best for the employee.
And don’t try to force leave as a way to have the employee quickly use up hisentitlement. Some people handle medical treatment better than others and may prefer isolated days off rather than a continuous block of time. That lets the employee stretch out beyond the immediate medical crisis.
Recent case: Richard Unangst was a heating and air cond...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- DOL increases penalties for labor and immigration violations
- Handle accuser with care in whistle-blowing cases
- Court: Constitution protects religious bulletin board messages
- California's wage-and-hour laws apply to everyone--even foreign-owned corporations