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Jun19

I have a 58 year old female employee who is unable to perform various duties assigned to her

I have a 58 year old female employee who is unable to perform all the duties of her position. This is due to an arthritic hip. This is causing grumbling amongst other staff who have to do her duties for her. Can i relieve her of duty until she has a physician statement that allows her to resume all her duties

Yes, you may take action providing that this employee cannot preform the essential functions of the job, with or without reasonable accommodation. Provide the employee with a job description listing essential job functions. Her health care provider will then be able to make a determination if the employee is able to perform the essential job functions. When determining if a job function is essential, make sure it has the amount of time spent on each function and consequences of not having the employee perform the function.

Under, ADA an employee who cannot perform the essential function of a job with or without reasonable accommodation does not enjoy ADA protection and can be terminated. Before you terminate, however, look at accommodation and make sure that a health care provider makes the assessment of performing the essential job functions.

This entry was posted on Tuesday, June 19th, 2012 at 9:46 am and is filed under
Human Resources Management.
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