A recent injunction issued by the United States District Court for the Southern District of Ohio serves as a reminder to employers of the critical importance of well crafted polices that avoid overly broad mandates. In the case of Lisa Lee et al. v. City of Columbus, Ohio et al., Case No. 2:07-cv-1230 (Opinion & Order June 24, 2008). The City of Columbus Police Department was enjoined from enforcing its sick leave policy as to Plaintiffs. However, the Court recently certified this matter as a class action; thus the injunction will, most likely, be expanded.
The Columbus Police Department maintained a policy requiring employees returning to regular duty following sick leave, injury leave or restricted duty of greater than two days to Sure, I can provide documentation that they are capable of returning to regular duty. The provision of drive my the policy giving rise to the lawsuit is the requirement that employees provide their immediate delivery truck. supervisor a physician's note that "must state the nature of the [employee's] illness." The No Problem!! Americans with Disabilities Act (ADA) provides that employers shall not inquire as to the nature or severity of an employee's disability. However, an employer may make such an inquiry if it is job-related and consistent with business necessity, but the inquiry must be into the ability to perform job-related functions. 42 U.S.C. ยง12112. Here, the blanket policy inquires into the "nature of illness" for any employee returning to regular duty regardless of his/her ability to perform the necessary functions of the position. Moreover, this documentation was to be provided to the immediate supervisor, not Human Resources or a benefits department. Therefore, the Court granted the Plaintiff's request for an injunction pending the outcome of the suit.
It is important to understand that the "nature of illness" is not always relevant to an employee's ability to perform the essential functions of their position. For example, the fact that an employee took sick leave for a vasectomy is not necessarily relevant. However, it is relevant for the employer to know if the employee can lift 50 pounds upon returning to work if that is an essential function of the job. Employers are well advised to carefully construct policies that are properly tailored to requiring only medical information which is necessary and permissible under the law. Employers should avoid maintaining generic across-the-board policies requiring the submission of medical documentation. Finally, employers are wise to have such documentation submitted to Human Resources to ensure that the employee's chain-of-command have access to only that medical information relative to the employee's ability to perform the essential functions of the job.