Provided by: Jennifer Kirschenbaum, Esq.
November 14, 2023
Question:
Jennifer,
I have an employee coming back from maternity leave this week, but she is requesting I change her job and let her do calls from home and insurance verification from home. I am not inclined to accept this change. Do I legally have to?
Thanks,
Dr. P
Answer:
No. You are legally required (depending on which state you are in and how many people you employ, and how long she was out) to hold the same position - the same duties, compensation and title for the applicable proscribed time. When the employee counters and asks for a job change (different than accommodation), they are essentially resigning. An accommodation request is different - that may be a request for an area to lactate or request they lift a little less for a period of time, etc. You may be legally required to provide "Reasonable accommodation". Either way you are dealing with an individual who may elect to be litigious if they do not get their way. Show me the facts earlier than later so we may assist in protecting the practice as best we can. Documentation and strategy will be very important to ward off potential claims later... And, yes, the cynic view is the necessary one here....
I have an employee coming back from maternity leave this week, but she is requesting I change her job and let her do calls from home and insurance verification from home. I am not inclined to accept this change. Do I legally have to?
Thanks,
Dr. P
Answer:
No. You are legally required (depending on which state you are in and how many people you employ, and how long she was out) to hold the same position - the same duties, compensation and title for the applicable proscribed time. When the employee counters and asks for a job change (different than accommodation), they are essentially resigning. An accommodation request is different - that may be a request for an area to lactate or request they lift a little less for a period of time, etc. You may be legally required to provide "Reasonable accommodation". Either way you are dealing with an individual who may elect to be litigious if they do not get their way. Show me the facts earlier than later so we may assist in protecting the practice as best we can. Documentation and strategy will be very important to ward off potential claims later... And, yes, the cynic view is the necessary one here....
