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ADA Temporary Employee Vermont

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  • Mark Gibson
    started a topic ADA Temporary Employee Vermont

    ADA Temporary Employee Vermont

    We have a temporary employee working for us through a staffing agency who has missed 20/25 work days due to a ADA qualifying reason. This chronic absenteeism is impacting our operation e.g., moral, OT, etc. and an indicator of what may be should we hire. Do we have any options to end the assignment filled by this temporary employee and refer back to the staffing agency?

  • ladycathryn
    replied
    Locking this thread since it has become a spam magnet

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  • ElleMD
    replied
    ADA does apply to temps as well. You aren't off the hook for that reason but missing 20 days of the first 25 is not reasonable. Has the employee even asked for a reasonable accommodation?

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  • Betty3
    replied
    Definitely agree with ferretrick - end the assignment. You will be fine in doing so.

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  • cbg
    replied
    Best of luck to you - c'mon back any time.

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  • Mark Gibson
    replied
    Thanks everyone I appreciate your quick response and expertise.

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  • cbg
    replied
    Mark, your questions suggest that your understanding of the ADA is flawed; you seem to think it has a great many more limitations on what an employer can do than it actually does. While we are always happy to answer your questions (that's why we're here after all) and you should feel free to come back with any more you might have, maybe you won't mind my suggesting that you find a short course on the subject, just for your own comfort level? There are online courses you can take on your own time.

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  • hr for me
    replied
    agree with the others - it's past time to call the temp agency and request a replacement. You would have been fine much sooner especially as you are not the employer of record. I would also think of finding a temp agency that is a bit more proactive.

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  • ferretrick
    replied
    I think you are find to simply end the assignment. She isn't even your employee, first of all, and, as others stated, ADA means the person must be able to do the job "with reasonable accommodation." No court would consider 20 days missed out of 25 "reasonable accommodation."

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  • Mark Gibson
    replied
    The individual worked five days and has missed 20 days due to the migraine headaches; this absence is confirmed with a neurologist signed letter.

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  • cbg
    replied
    There are others here who work more closely with the ADA than I do, but I cannot see that allowing unlimited time off is reasonable. Just because the condition is ADA qualifying does not mean that you have to continue to retain him.

    Just to be absolutely sure, over what time frame were the 20-25 days taken?

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  • Mark Gibson
    replied
    Chronic Migrane Headaches

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  • cbg
    replied
    The ADA never was intended to allow unlimited time off or disruption of business due to absences. What is the condition in question?

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