HR Legal News
Editor – US law and precedents are not usually law in Canada but the case does emphasize the person with a disability cannot ignore their responsibilities.
Under the Americans with Disabilities Act, disabled employees are often granted exemptions from certain company policies. But where should employers draw the line?
The most common problem: attendance. Some courts have ruled that disabled workers should be allowed to take time off or arrive late, unless the company can prove punctuality is an essential function of the person’s job.
But does that mean those employees are free to ditch work whenever they want without consequences? No, it doesn’t, according to a recent court ruling:
An employee was left with a chronic elbow problem after an on-the-job injury. The company allowed her to take days off for treatment or flare-ups, as long as she followed the company’s policy and called her manager before the start of her shift.
At one point, she didn’t show up for three consecutive days — without calling. The company fired her, and she sued, claiming she should’ve been exempt from the policy.
The judge threw out the case. The woman offered no reason why she wasn’t able to call in before the absences. The company accommodated her medical condition by allowing her extra time off — but that didn’t mean it had to let her take leave without notification.
Cite: Bones v. Honeywell International, Inc.
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