wendys8861
Member
What is the name of your state (only U.S. law)? CA
I am a mid level manager at a company employing approximately 50 people. I manage a staff of 6 who do data entry and research.
Recently, the company downsized one of the departments and instead of laying off an individual, she was transferred into my department. She was not happy about the transfer because she had made friends in her other department, but she accepted the transfer instead of being out of work. She has been unhappy about the transfer from the onset, but we have done everything we can to make her feel like she is part of our team.
Since the transfer, she has begun disappearing from her desk while on the clock. She is gone anywhere from 10 - 30 minutes at a time and it's often as frequently as every hour.
While I was on a medical leave recently, my assistant (who was in charge of my department during my absence) noticed the employee had been gone for quite some time and set off to look for her around the building. She found her standing in the restroom and suggested she return to her desk.
The employee got upset and went to HR stating that she was being harassed and discriminated against. She claims to have IBS (irritable bowel syndrome) and frequently has to spend alot of time in the restroom, however, she has never mentioned any potential health conditions or "disabilities" to anyone.
We are more than willing (and obligated) to accomodate this employee if she does have a medical condition, to comply with any ADA regulations, but she refuses to provide any documentation from her physician regarding this condition. She says she was diagnosed as a child and the doctor is no longer practicing so she can't get anything saying she has the condition. We just have to take her word for it.
Today, she was away from her desk for approximately 20 minutes and I happened to go into the restroom because I had to go (and found her in there). She said she was having "a bad day" (her bowels were apparently irritating her more than usual) and I suggested that in the future, if she was "having a bad day", she should at least alert me so I would be aware that she would be away from her desk for long periods of time. Apparently, I was wrong, as this got her upset and she went to HR and said I was "stalking" her, claiming that I follow her into the bathroom every time she goes in (like I have nothing better to do...) and I was instructed NOT to go into the restroom when she is in there to avoid any "problems." (With her sometimes spending as much as 1/2 hour of EVERY hour in the restroom, this may prove difficult).
My question(s)
1. ...is her claim that she has this medical condition enough to require us to make special accomodations, without providing any documentation from a health care provider? If so, what's to stop a person from claiming ANY medical condition and requiring the employer to accomodate them?
Heck, maybe I have a (undocumented, but take my word for it) medical condition that requires me to take a 2 hour nap every day while on the clock..! (You see my point!).
2. Is it inappropriate for a supervisor to "track down" missing employees who are away (for extended periods of time) from their designated work areas? I'm being made to feel as though it is.
Please advise. Others in the department are noticing her extended absences and are starting to feel as though they are having to "bust their butts" to pick up her slack. And, they are.
Any info anyone can give me would be appreciated!
Thanks.
I am a mid level manager at a company employing approximately 50 people. I manage a staff of 6 who do data entry and research.
Recently, the company downsized one of the departments and instead of laying off an individual, she was transferred into my department. She was not happy about the transfer because she had made friends in her other department, but she accepted the transfer instead of being out of work. She has been unhappy about the transfer from the onset, but we have done everything we can to make her feel like she is part of our team.
Since the transfer, she has begun disappearing from her desk while on the clock. She is gone anywhere from 10 - 30 minutes at a time and it's often as frequently as every hour.
While I was on a medical leave recently, my assistant (who was in charge of my department during my absence) noticed the employee had been gone for quite some time and set off to look for her around the building. She found her standing in the restroom and suggested she return to her desk.
The employee got upset and went to HR stating that she was being harassed and discriminated against. She claims to have IBS (irritable bowel syndrome) and frequently has to spend alot of time in the restroom, however, she has never mentioned any potential health conditions or "disabilities" to anyone.
We are more than willing (and obligated) to accomodate this employee if she does have a medical condition, to comply with any ADA regulations, but she refuses to provide any documentation from her physician regarding this condition. She says she was diagnosed as a child and the doctor is no longer practicing so she can't get anything saying she has the condition. We just have to take her word for it.
Today, she was away from her desk for approximately 20 minutes and I happened to go into the restroom because I had to go (and found her in there). She said she was having "a bad day" (her bowels were apparently irritating her more than usual) and I suggested that in the future, if she was "having a bad day", she should at least alert me so I would be aware that she would be away from her desk for long periods of time. Apparently, I was wrong, as this got her upset and she went to HR and said I was "stalking" her, claiming that I follow her into the bathroom every time she goes in (like I have nothing better to do...) and I was instructed NOT to go into the restroom when she is in there to avoid any "problems." (With her sometimes spending as much as 1/2 hour of EVERY hour in the restroom, this may prove difficult).
My question(s)
1. ...is her claim that she has this medical condition enough to require us to make special accomodations, without providing any documentation from a health care provider? If so, what's to stop a person from claiming ANY medical condition and requiring the employer to accomodate them?
Heck, maybe I have a (undocumented, but take my word for it) medical condition that requires me to take a 2 hour nap every day while on the clock..! (You see my point!).
2. Is it inappropriate for a supervisor to "track down" missing employees who are away (for extended periods of time) from their designated work areas? I'm being made to feel as though it is.
Please advise. Others in the department are noticing her extended absences and are starting to feel as though they are having to "bust their butts" to pick up her slack. And, they are.
Any info anyone can give me would be appreciated!
Thanks.
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