accommodations should be discussed with the employee in conjunction with the medical professionals involved. If the employee does not have an on- going
relationship with a personal
physician or proper medical provider, referral to an Employee
Assistance
Program might be appropriate. When the interactive process to address the potential reasonable accommodations for the condition occurs, it should focus solely on the limitations on the ability to perform the job created by the mental condition and what accommodations might be available. In some cases, prescription of medication or the modification of an existing medication regimen may be sufficient. Such action would obviously involve the employee’s treating health care professional. In some cases, a job transfer, flexible scheduling, or modified break schedules, or some similar accommodation that does not create an undue hardship would permit the
employee to continue working without symptomatic behavior.
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
Conclusion Each year employers are confronted with an increasing number of interactions where the ADA and/or Family and Medical Leave Act are implicated. It is likely that some may involve cases of employee mental illness. The best course
of action for employers is to be cautious and patient all times in addressing mental health issues in the workplace. The issues are highly personal and can be complex.
Technical Questions? A member service from the Investment Casting Institute Ask the Experts
Our panel of experts is here to help.
All posted questions are anonymous and made available to all Institute members.
Visit the ICI website
www.investmentcasting.org for more details...
April 2020 ❘ 37 ®
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40