PDA

View Full Version : Please provide me with your knowledge (OH)


gmam
09-10-2004, 06:33 PM
I just found out some information about my father this evening that has me pretty upset. My dad has worked for this company for over 20 years. He is currently 53 years old. His position is a sales/service manager. He has had this position for over 10 years. He has put in close to 50 hrs a week his whole career. Last January my dad had a stroke. Luckily no permanent damage was done to him.
He was off work for three weeks and then returned. His doctor recommended him to only work 40 hrs a week for the next 6 months. Then get revaluated again. His company did not have a problem with this at all.
Well his six month check up just took place and his results were good but the doctor still recommended him to work only 40 hrs a week do to his high blood pressure and recent stroke.
His boss just asked him earlier this week if he could start putting in more hours. My dad said no. He stated his doctor still recommended him to stick with 40 hrs a week. Then his boss said he would like a note from his doctor stating this so they could put it in his file. My dad gave them a note thinking everything was ok.
Today my dads boss told him they want him to get a second opion from there doctor and then told him that his position requries over 40 hrs a week and if he can't do that then they are going to find another position for him in the company which would mean a pay decrease.
This is not fair. My dad has worked hard his whole life to provide for his three kids.
Is this descrimination? Can they do this to my dad? The law has to forbid this?

LConnell
09-10-2004, 09:24 PM
Is your father performing the essential (basic) responsibilities of his job? Under the Americans with Disabilities Act, employers are required to provide "reasonable accomodation" for a person with a disability. His stroke and high blood pressure are most probably considered disabilities under the Act. Treating someone differently just because of their disability is illegal discrimination. On the other hand, ADA does not permit a person to take a lot of time off or not do the essential functions of his/her job. The employer has a right to then reassign the person, if necessary. My friend (another HR expert who is visiting me) and I both feel that something is wrong there. They are possibly using the hours as an excuse. My advice to him is to contact his HR Department right away to discuss his concerns. If they don't have an HR Department, or if he feels more comfortable in talking with someone else, have him talk with his manager's manager, etc., going up the chain of command.

Also, as a long-term employee with the number of hours he has been working, do you know if he was offered Family Medical Leave Act benefits? FMLA requires employers with at least 50 employees in a 75 mile radius to provide up to 12 weeks of leave per year. The leave can be taken on an intermittent basis, meaning such things as 10 hours per week. If he was not given notice that his leave, at the time of his stroke, was FMLA, then he is still eligible for the 12 weeks of intermittent leave.

Let me know if you have any other questions.

* Find more information on Equal Employment Opportunity-Discrimination.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements