As an experienced Media Employment Attorney I am often asked by employers if they have to let an injured employee work from home if they ask. If you have an employee who suffers an injury and requires surgery that prevents him or her from driving to work for several months, that may constitute a disability under the ADA, which requires reasonable accommodations, if possible. As the employer, you have to engage in a good faith communication or dialog with the employee to determine what, if any, reasonable accommodation exists. That being said, the reasonable accommodation can’t change the job description. If you have a manufacturing plant and it requires the presence of the employee on the floor operating certain machinery, for that employee reasonable accommodation will not be working from home. However, if it’s more of a marketing or PR type job or even a lawyer, you may have to permit your employee to work from home for a certain amount of time so long as they still perform the essential functions of the job.
Are you wondering if you have to allow an injured employee to work from home if they ask? If so, contact the experienced Media Employment Attorney Paul Fellman.
This educational blog was brought to you by experienced Employment Lawyer Paul Fellman. Our law firm proudly represents clients throughout Media, as well as Pennsylvania, the greater Philadelphia area, and New Jersey.