AboutShirley McAllister, CPP, PHR Expertise I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience 25 years in Payroll and Human Resources
Organizations SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
Question I work for Larimer County Community Corrections in Colorado. We have a client that is working for Wendys and is being asked for medical proof that she can work or she will be terminated. Isn't medical conditions covered under ADA and certain procedures and processes are necessary for a situation such as this?
Answer The company may ask for medical certification for fitness to work if the employee has been ill more than 3 days or if they suspect that the employee's illness could be a safety or a health hazard to other employees or to the public such as in food establishments.
If this is simply a disability and not an illness the company is required to make reasonable accomodations for the employee to work under the ADA as long as it does not become a hardship on the company.
Unless a safety reason is behind the need for a medical certification in a disability than it should not be necessary. If it is expected the disability could cause a safety hazard for other employees especially if the employee is working with machinery or in a hazardous position than medical certification may be necessary to ensure that the employee is capable of handling this position.
