When Employee Health Requests Put Employers on the Hook

No employer thinks a simple sick leave request could end up costing hundreds of thousands of dollars. But it happens. Employees raise health-related needs all the time—sometimes directly, sometimes indirectly. They might say they can’t work Tuesdays because of a standing therapy appointment. They might mention needing random days off for a mental health condition. Or they might call in sick so often they’ve burned through all their PTO and unpaid time. 

Here’s the tricky part: in each of these situations—even if the employee never says the word accommodation—you may already be legally responsible to respond. That means engaging in an interactive process, or notifying them of rights like FMLA leave. If you discipline or terminate without taking those steps, the cost can be enormous. We deal with this all the time with our clients.

When any hint of a health condition comes up, here are a few of the many analyses it should trigger: 

• Under the Americans with Disability Act – Is there a reasonable accommodation that would allow the employee to perform their essential duties? If so, you have to engage in the “interactive process” every time you’re on notice of a possible medical issue.

• FMLA – If you have 50+ employees, and they asking for leave for a health condition - FMLA may apply even if they don’t specifically mention FMLA leave or it is for intermittent time off. Very specific notices and processes apply—even if they don’t ultimately qualify.

• Your own PTO and sick leave policies – How do these overlap or conflict with ADA and FMLA requirements?

And remember, these issues don’t just arise with current employees. They can surface in hiring conversations if you ask—or fail to ask—the wrong questions.”

Medical and mental health requests create a complex web of ADA, FMLA, and company policy obligations. It’s not something you should try to navigate alone. The safest path is to have experienced legal counsel help you recognize the triggers and guide you through the process. We are here to help.

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