If both the employer and employee openly communicate as they move through the transition it will hopefully allow things to go as smoothly as possible. However, be open to discussing accommodations if the employee feels they may be needed after being back in the work environment. If the employee expresses that there are no accommodations needed, there may not be. While there is nothing that requires it, doing so can help to ensure implementation of the accommodation on the day of return. Talk about accommodations leading up to the employee’s return.Follow up with the employee or provider if clarification or additional information is needed. Rely on the medical documentation that has been provided.No two people with any diagnosis are the same. Look at the situation objectively and try to avoid any biases or stigma that may come with the notion of a mental health condition. With that being said, here are a few practical tips: Therefore, an employer would not have to disregard or excuse the employee from any disciplinary action, but might discuss with the employee if there are any accommodations that may help prevent future violations or help to improve performance. What about situations where an incident occurred violating conduct rules, which led to the employee going out on medical leave? Must the employer completely disregard the incident? According to the EEOC, employers may hold all employees to the same performance and conduct standards. There may or may not be accommodations needed, but having the conversation ahead of time will hopefully help to facilitate a smooth transition. The employer might seek clarification as to if there are any accommodations needed for the employee’s return. When these questions arise we will suggest relying on the medical documentation that has been provided and trusting that if the medical provider has released the employee to return to work then the employee must have been deemed ready. This is a hard topic and there are no definite answers. Other times it might simply be concerns related to the knowledge of the diagnosis and hospitalization. Sometimes the employer will have witnessed an incident at work that resulted in the employee taking leave. Often times these questions come when an employer receives a note clearing the individual to return to work after being out for some time or hospitalized to receive in-patient care to treat symptoms.Įmployers will call with concerns about whether the employee is truly ready to return to work. From the desk of Sarah Small, M.S., CRC, Consultant – Cognitive/Neurological TeamĪt JAN we frequently receive questions about returning to work when an employee has been out on leave due to a mental health condition.
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