by Renee Mielnicki, Esquire
Management of employee medical issues arises as a topic frequently in the workplace. About 58% of Americans report having to manage a chronic health condition. More than one in ten have a health condition that limits their ability to perform their duties. Given these statistics, it’s likely that most employers, regardless of size or industry, will face a need to navigate accommodation obligations, safety concerns, and fitness-for-duty decisions. Because these decisions touch disability discrimination law, missteps can expose employers to significant risk even when actions are well-intended.
A major federal employment law governing these decisions is the Americans with Disabilities Act (“ADA”) which applies to employers with at least 15 employees. There is significant risk in expecting employees to be in perfect health to do their job. The ADA recognizes that employees may have medical limitations and still have the right to perform their jobs with a reasonable accommodation. This topic most frequently arises when an employee produces a medical note showing they have medical restrictions. Assuming those restrictions disqualify the employee from their job is very risky as there may be some type of accommodation that would allow the employee to continue to work.
For example, an employee in a warehouse role has a medical restriction limiting lifting to no more than 20lbs. His job requires lifting 50lbs. With a reasonable accommodation, such as assistance from a coworker for heavier items or use of lifting equipment, the employee is still able to perform the essential functions of the job (i.e., lifting 50lbs). If there is no accommodation that would allow this employee to lift 50lbs, the employer would still need to consider a transfer to another vacant role for which he is qualified and that accommodates his limitations (i.e. the 20lb lifting restriction).
Sometimes an employee’s medical condition raises questions about whether they can safely do their job. This is especially true in jobs with heavy lifting, machinery, or other safety-sensitive tasks. Employers need to make sure the employee and their coworkers are safe, while also following laws that allow reasonable accommodations. For example, a delivery driver may experience a medical condition that affects his vision and reaction time. Because his job involves driving, there is a potential safety risk to himself and others. In this situation, the employer may be able to request a fitness-for-duty evaluation from the employee’s healthcare provider to determine whether he can safely continue driving, or if accommodations are needed. If the evaluation shows the employee cannot safely perform job duties, even with accommodations, he may need to take medical leave until he is able to return safely.
These are only some of the topics that touch the navigation of medical issues in the workplace. Other issues, such as managing medical leaves, confidentiality of medical information, addressing situations where medical issues affect productivity or performance, and more may inevitably be issues employers need to face.
If you need help navigating any of these issues, or if you have questions about any HR issue, contact our Risk Management Division by phone at 855-873-0374 or by email at . We will be happy to help!