In an effort to reach out to employees who may not be aware of their rights for a leave of absence under the FMLA, the U. S. Department of Labor has set up a webpage that contains a great deal of helpful information. The information is contained in a downloadable 16-page booklet – “Need Time? The Employee’s Guide to the Family and Medical Leave Act“ and is focused on the questions that employees would generally raise about the FMLA. Continue Reading →
Archive | Attendance
Regular and Dependable Attendance Is an Essential Job Function for a Nurse
Posted by Stephen W. Lyman on April 17, 2012 in ADA, Attendance, Essential functions, Reasonable Accommodation 0
Dealing with an employee’s poor attendance is one of the bigger headaches for management, especially in health care where a crucial employee’s unplanned absence could mean the difference between life and death for a patient. But the FMLA and the ADA add layers of complexity and uncertainty for employers in striking a balance between employee rights and the rights of the patients. The FMLA is comparatively straight forward. The real challenge arises under the ADA when an employer has to decide to what extent poor attendance must be accommodated. Here is the tough question that confronted a hospital in Oregon not long ago when it had to determine if completely exempting a nurse from its attendance policy was a reasonable accommodation:
Question: Is regular and dependable attendance an essential job function for a nurse?
Answer: Yes, it is!