California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
You need to tell her to get a diagnosis and prescription from her doctor in regard to her fingers and why she cannot type and then you will consider taking her off typing duties. If she does indeed come back with this doctor's opinion that she has a disability that prevents her from typing, you need to then engage with her in what is called a "reasonable accommodation" discussion in which you ask her essentially what if anything the employer can do to allow her to continue to work. If typing is an essential part of her job (e.g., she's a typist or receptionist) you do not have to take her off typing duties, but you could accommodate her in other ways as long as they are within your budget (for example a voice to type program). It doesn't sound like this is being alleged as a workplace injury, but if she says it is, then she is free to file a claim with your workers comp carrier. You should certainly document the dates and what she has complained of in her file as a note. She isn't entitled to leave at this point because she hasn't really established a disability that would prevent her from working, and in any event you may be able to accommodate her condition. That's all you need to consider...she hasn't established any medical reason why she cannot type as of yet...perhaps she has arthritis (I have no idea) and you may be able to accommodate her somehow. If you cannot accommodate her then you'll consider other things like medical/disability leave.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.
If she wishes to be excused from the typing duties she needs to bring in a note from her doctor explaining the underlying condition and recommending limited or no typing; you don't need her medical records. Once you have that, you then engage in a discussion with her about how she can do her job without typing, what measures you can affordably take to allow her to do her job. It may be that you can assign typing to other for some time or that perhaps there's some technology that would allow her to do the job without physically typing...you basically need to investigate/explore these options. You don't have to take unreasonable or really expensive modifications to the job...only those that are in essence affordable to your organization.
If nothing can ultimately be done to accommodate her, you'll need to decide whether typing is a major function of her position. If it is, then you do not have to continue to employ her because she cannot accomplish the job any longer. If it is not a major function, then she cannot be terminated.
I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.