A manager is often late and recently emailed saying they suffer from various mental issues. What is my obligation?

This is a great question. Here are some key points to consider:

Interactive Process Obligation: Although the manager has not specifically asked for an accommodation, their email outlining medical and mental health issues could trigger your obligation to begin the interactive process. The Americans with Disabilities Act (ADA), as amended by the ADAAA, requires employers to consider reasonable accommodations when an employee’s medical condition impacts their ability to meet job expectations. Even if the employee hasn’t explicitly requested an accommodation, you may still need to initiate a discussion to explore potential accommodations.

Reasonable Accommodation vs. Essential Job Functions: Punctuality and attendance are often considered essential job functions, particularly for managers who may set an example or lead teams. However, reasonable accommodations under the ADA could involve adjustments to work schedules or flexibility, depending on the nature of the job and the medical condition involved. It’s essential to balance the need for punctuality with possible adjustments like modified schedules or periodic leave under the ADA or FMLA (if applicable).

Documenting the Interactive Process: You should engage the employee in a conversation about their needs and discuss potential reasonable accommodations. This is called the “interactive process.” As part of this, you may request medical documentation to better understand how their conditions are affecting their ability to be punctual and explore possible accommodations. The goal is to determine if any adjustments (like flexible start times or remote work, if feasible) could help without causing an undue hardship on your business.

Undue Hardship Consideration: If the manager’s frequent tardiness significantly disrupts operations or causes a burden (e.g., team performance issues or customer service delays), you may consider whether the requested accommodation imposes an undue hardship. However, this is a high standard, and you’ll need to carefully assess the actual impact on the business before making this determination.

Steps to Take:

• Initiate the Interactive Process: Have a meeting to explore how the manager’s medical conditions are affecting their punctuality and what accommodations, if any, might enable them to meet job expectations.
• Gather Medical Documentation: If necessary, request documentation to better understand the employee’s medical condition and limitations as they relate to punctuality and attendance.
• Explore Possible Accommodations: Consider flexible scheduling, intermittent leave, or other modifications that could help address the manager’s needs while maintaining operational requirements.
• Evaluate Undue Hardship: Consider if accommodating the employee’s lateness would cause significant disruption or expense to the business.
• Document the Process: Ensure that all steps and communications are documented thoroughly to demonstrate compliance with the ADAAA.

Resources:

1. JAN’s Attendance and Leave Resource Page: This page provides an excellent overview of common issues related to attendance and accommodations, with examples of how to address tardiness in the workplace.
2. JAN’s Accommodation and Compliance Series: Medical Documentation: Guidance on requesting medical documentation to support an accommodation request while respecting confidentiality.
3. JAN’s Interactive Process Guide: A detailed resource on how to engage in the interactive process to identify and evaluate accommodations.

By following these steps and leveraging these resources, you can ensure you are both supporting the manager’s needs and meeting your legal obligations under the ADAAA. If no reasonable accommodation can be found that allows the manager to fulfill essential functions (like punctuality), proceeding through the disciplinary process may be appropriate, provided the interactive process was conducted thoroughly.

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I hope this helps.