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HR MATTERS E-TIPS
THIS WEEK’S E-TIP: The ADA and
Mandatory Overtime Q&A
Published by Personnel Policy Service, Inc.
"Your Policy and Compliance Experts Since 1972"
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THIS WEEK’S E-TIP: The ADA and Mandatory Overtime Q&A
What can you do when overtime is a required part of the job, but a
disabled employee requests to be excused from it? The answer
depends on whether the employee needs a long-term or short-term
accommodation. |
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THIS WEEK’S E-TIP: The ADA and Mandatory Overtime Q&A
Q: We have an employee who says he cannot work overtime
because of his disability, but we think overtime is an essential
function of
his job. Does the ADA require us to allow him to opt out of the
overtime
work?
A: If overtime is truly an essential function of the
employee’s job,
you most likely do not have to make an exception for him under the
Americans with Disabilities Act (ADA). (Download free Medical
Procedures model policy including coverage of the ADA.) But, you may
have an obligation to accommodate him under the Family Medical Leave
Act (FMLA) if he only needs a temporary exclusion from the overtime
work because of a covered condition.
The ADA prohibits employment discrimination against a qualified
disabled employee. However, it only requires you to make a
reasonable
accommodation if doing so would enable the employee to perform the
essential functions of the job, without causing an undue hardship to
your
business.
Reasonable accommodations can include part-time or modified shifts,
such as changing employees’ work hours or reducing their work
schedule. However, courts generally will not require you to excuse a
disabled employee from overtime where the overtime is an essential
function of the job. So, for example, in Davis v. Florida Power &
Light
Co., 205 F.3d 1301 (11th Cir.), cert. denied, 531 U.S. 927 (2000),
the
court determined that a power company lineman who claimed that a
back ailment prevented him from working overtime had no disability
discrimination claim. The court found that working overtime was an
essential function of his job.
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In addition, several courts considering the issue also have found
that the
inability to work overtime, by itself and without some other
limitations, is
not a covered disability under the ADA. They reason that this
inability is
not a substantial limitation on the major life activity of working.
In Cotter v. Ajilon Servs., 287 F.3d 593 (6th Cir. 2002), the court
found
that an employee suffering from ulcerative colitis, and whose doctor
recommended that he limit overtime work, was not protected by the
ADA.
The court said his ability to work overtime was not a substantial
limitation
on the major life activity of working.
Similarly, in Tardie v. Rehab. Hosp. of Rhode Island, 168 F.3d 538
(1st
Cir. 1999), a human resources director who complained that her heart
condition prevented her from working overtime lost her disability
discrimination claim against her employer for not allowing her to
work
only a 40 hour week. The court agreed with the employer that her
inability to work more than 40 hours a week was not a disability.
Note, however, that if an employee requests only a temporary
exclusion
from working overtime because of a medical condition, you also
should
consider whether the employee is protected by the FMLA. (Download
free FMLA checklist and FAQ’s.) The FMLA allows eligible employees
with serious health conditions to take a reduced work schedule
leave.
Thus, if the employee is covered by the FMLA, he may be able to
request a shortened workweek if he can provide medical certification
that
he needs to reduce his work hours because of a serious health
condition. |
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^^^^^^^^^^^^^^^^^ From Your HR Matters E-Tips Editors
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