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Employee medical information should be kept in a secure file separate from the employee’s personnel file.
But violating an employee’s medical confidentiality may occur in other ways.
In determining what accommodations are reasonable, the starting place is the essential functions of the employee’s position.
While they are not dispositive, courts give job descriptions deference in determining the essential functions of the job.
Bottom line Few areas of employment law trip up employers more often than disability and related leave laws.
Even if you do everything correctly, it might not matter much if you can’t prove it in the event of litigation. Join us at AEIS 2017: Advanced Employment Issues Symposium where Employers Counsel Network attorneys Stacie Caraway, Esq. You’ll get legal insight into the leave and benefit traps that employers of all sizes need to avoid so you can develop sound administrative procedures that withstand scrutiny if called into question by regulators, a judge, or a jury. And just because a particular accommodation has never been provided before doesn’t mean it’s unreasonable. Not understanding overlap of leave laws Many states have laws under which an employee may be entitled to a leave of absence.For example, in California, the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), the Pregnancy Disability Leave Act, and workers’ compensation laws each may require an employer to provide a leave of absence, but all have very different requirements.Your job descriptions should describe not only the specific duties and functions the employee will be expected to perform but also the percentage of time per day the employee is expected to perform each function. Not having a uniform accommodation policy Determining what accommodation to provide an employee with a disability requires an individualized analysis, but that doesn’t mean you should approach the accommodation process on an ad hoc basis.Everyone involved in the accommodation process should be guided by a centralized, uniform process.