I have an employee that has anxiety attacks. she gave me a doctors note dated 2018 about her attacks. She is absent from work at least once a week. It's usually a Saturday and a Monday. As an employer can I write her up?

I have an employee who gets anxiety attacks. I requested a doctors note that she gave me dated 2018. We are in 2021. She is constantly calling off work. As an employer, what are my rights? Can I write her up for missing so much work? I have noticed she calls out on Saturday's and Monday's.

1 answer  |  asked May 11, 2021 10:08 PM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
Hi thanks for your question. In this situation, you will need to thread the needle to run your business without running afoul of the Americans with Disabilities Act. You can ask for a current doctor's note to confirm the medical need. You can have her doctor fill out the form to request a reasonable accommodation. Then, you should work with an attorney to evaluate whether/how your employee can fulfill the essential job functions with or without a reasonable accommodation, and then go from there.

I strongly encourage you to seek competent employment counsel to help you navigate this situation--and to help you avoid other employment law pitfalls.

posted by Nina Kazazian  |  Jul 16, 2021 4:25 PM [EST]

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