I have an employee that has requested a reduced schedule and produced a doctors prescrition note that tells me to reduce the employee to 4 hours a day. I complied. 1 week later the employee tells me the reduced hours hurts them financially and wants to work more and at home. I do not have the resources to provide software and hardware to accommodate the request, but I am obligated by the doctors script that says "4 hours a day" and I feel that I am required to keep her from working more than the doctor has ordered. I have no problem with less or more but the doctors orders restrict me.

Does anyone have any help to offer?

Thank you ,

Regards,

Reid

Does the employee qualify for FMLA? Outside of FMLA, a doctor's note has no force in law.

We are a company of 36 people/employees...I do not think the FMLA laws apply for less than 50 (company size). I guess that I feel we are under the gun if we allow her to come back and work more hours than the doctor specifies in his orders...

FMLA does not apply. You are under no legal obligation to follow the doctor's note but you are also under no legal obligation to allow her to work from home. If you want to follow the doctor's note, that's probably the wisest course - I wouldn't disagree with you on that.

If she has supplied you with a doctors note allowing her to only work 4 hours per day why not ask for another doctors note lifting the hour restriction?

I'd do the exact same things as stated above.

It is very easy to get a doctor's note to "reverse" a previously written doctor's note. And it is the best thing to cover your own butt.

If the doctor won't give the employee a note to reverse the previous 4-hour restriction, that is between the doctor and the employee, you are not obligated in any way to get involved.

Stand by your policy. Inform the employee that unfortunately you cannot provide her with the ability to work from home, and that you cannot circumvent the doctor's 4-hour restriction until such time as she provides a note stating she is capable of full and active duty.

If she don't like it, she can either continue to work for you for the 4-hour day, or find other employment.

I have spoken to her about the issue...with all of your guidance...thanks you.

I told her my hands were tied...get the doctor to lift the restrictions and I will take all of the hours she feels she can give on any certain day...I still can't get her the ability to work at home...but she can get plenty of hours and be in better shape here at our facility.

She had written an email about her disappointment of not having a compromise...I can't compromise when my hands are tied...she may have understood it when she left my office...not totally sure of that though.

Thank you all!

Reid

Sounds as if to her, "having a compromise" means "giving me what I want".

yes...thats all that I heard...she did not understand what she had done to her self...and or the position she forced the company into...

Just make sure you have documented all discussions with this employee regarding the "lack of compromise" as well as how much of an undue hardship setting her up to work at home would be to your business. And document all accomodations you may have already given this employee, especially the four hour work days.

I'd hate to see this employee try to "get back" at you with some sort of lawsuit regarding your failure to accomodate her "disability" of being pregnate. I doubt she'd have the ability to afford a lawyer to pursue the case, but all it might take is a phone call by her to the EEOC or DOL for them to start some sort of investigation.

I, for one, would be very interested if you could keep us posted as to what this employee eventually decided to do, and if she left employment with your business.

Also, be aware that if she left employment, she may try to collect unemployment insurance.