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Thread: employee states disability but no proof New York

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    Default employee states disability but no proof New York

    Hello. Hoping to get some guidance. I work for a 38 employee non profit with no "HR" department - just payroll. we have a new hire who has taken many sick days. She has alluded to some people that she had some kind of trauma before she started working and that is causing her to stay awake at night and either miss or be late for work. I do believe what she is saying and she does a good job when she is here. She said she was seeing a Dr and should be better in 3 weeks , so I allowed her (I am the department director) to alter her schedule to come in later so she wouldn't be late, and to reduce her hours. I told her we would sit down again in 3 weeks (this would been 60 days into her hire) to discuss. we met again and decided to extend her probationary period by 30 days (til end of December) and that in the meantime she was expected to be on time (for the new later scheduled hours) and come to work. she has continued to miss days, and be late, and also we have noticed that her time sheets don't indicate the days she is late. She has since mentioned that she is entitled to accommodation under ADA and we have requested proof of that but have not yet received it . The situation is complicated because we have multiple layers of supervision - supervisor, Director (me) and payroll. we all have had conversations with her and I want to be sure we are all on same page. here are my questions
    1) what kind of deadline can I give her to produce the dr;s note confirming she has an ADA condition? I gave her 10 days, but still no note?
    2) her issues seems to be coming in late and we made concessions as a favor and she couldn't comply with that. What kind of leeway will I have if the Dr's note suggests I make accommodations like a late start? I already did that and she is still late
    3) not a question -= but - the department is only 3 people , it causes a major problem when she is out.
    4) how do I call her out on marking her time sheets as being on time when she is late 9and we have texts to prove it) without looking like I am retaliating?

    Thank you for any suggestions/help.

  2. #2
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    4) how do I call her out on marking her time sheets as being on time when she is late (and we have texts to prove it) without looking like I am retaliating?

    Falsifying time cards is grounds for immediate termination. It is employee dishonesty and you need to treat that as a separate issue.

    Many others will comment on the other issues but I wouldn't even consider them issues if number 4 was happening.

  3. #3
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    Agree with Payroll Guy, falsifying time sheets is fraud and definitely grounds for termination. And why wouldn't you want to retaliate against an employee who is committing fraud against your organization?

    And regarding the first three issues, ummm...she's playing you.
    Last edited by eerelations; 12-27-2016 at 12:38 PM.

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    I have to agree she is playing you but would suggest you do a full audit of all timesheets to make sure there are not others doing the same thing so that she can't say you retaliated only against her (and link that back to her possible ADA request)

    That said, you have all talked to her but has anyone documented the conversations? You need to document in writing the request for more information to determine the ADA issue. Give her a deadline to produce the needed information for you to discuss reasonable accommodations. Remember RA's are just what the employee wants, but what works for both the employer and the employee. And you always have undue hardship to consider. For example if others can't start their own jobs due to her continuously being late, etc. If essential functions must occur at 8:30am and she is not able to be there by then, etc.

    just FYI, under FMLA, the reasonable time to return medical paperwork is 15 business days. I don't think ADA has a timeframe, but you want to be able to show you tried to work with her and she refused to provide/discuss etc.

    Good luck...get documenting!

  5. #5
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    I agree that falsifying the time sheets is enough to terminate regardless of any "ADA issue." She is playing you big time. If you have texts that prove this, transfer them to a computer stat and save them. Then terminate.

    If you really want to cover your ***, follow hr for me's advice, but I think you would be fine just with the falsified time sheets. That's theft.

    This situation is not going to get any better.

  6. #6
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    Lots of good advice. You should have retain proof of any letters you send her. If you use US Mail, get a certified mail receipt. Fedex has a "required signature" option. In cases like this, even if I speak face to face with the employee, I send either an email documenting the conversation or a Fedexed letter. If it is an email, I do a read receipt and ask the employee to reply back confirming receipt.

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