Skip to main content
Home

Main navigation

News & Analysis Policies & Forms Your Library Attorney Network
News & Analysis Policies & Forms Your Library Attorney Network

User account menu

Sign in Get Started
x

You're signed out

Sign in to access subscriber actions.

Compensatory time off is allowed only in very specific circumstances

February 2020 employment law letter
Authors: 
Mark Wiletsky, Holland & Hart LLP

Q We have a long-term employee who has begun acting irrationally and erratically—demanding to be placed on projects he isn't qualified for, having emotional outbursts in front of other employees—which has had a negative effect on his work performance. He also has vision issues that have resulted in the loss of his driver's license. Can we legally suspend his employment until he is evaluated by a doctor and receives medical clearance to return to work?

Your question raises two different issues, both of which involve the Americans with Disabilities Act (ADA) and possibly state antidiscrimination law, depending on where the employee is located.

It's unclear whether you want to suspend the employee and obtain a medical clearance as a result of his behavior or his vision issues. Keep in mind the ADA limits when you can obtain medical information about an employee. If the medical exam is related to his vision problems, that's acceptable, provided they are affecting his ability to perform his essential job functions and you need a physician to help determine whether he can perform his job with or without reasonable accommodations. If he cannot perform his job without his driver's license, then you have a separate issue. You may need to explore alternative positions for which he is qualified.

Continue reading your article with a HRLaws membership
  • Sign in
  • Sign up
Upgrade to a subscription now
to get unlimited access to everything on HR Laws.
Start subscription
Any time

Publications

  • Employment Law Letter
  • Employers State Law Alert
  • Federal Employment Law Insider

Your Library Reading List

Reading list 6
Creating List 7
Testing

Let's manage your states

We'll keep you updated on state changes

Manage States
© 2025
BLR®, A DIVISION OF SIMPLIFY COMPLIANCE LLC | ALL RIGHTS RESERVED

Footer - Copyright

  • terms
  • legal
  • privacy