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Posted on Thu, Oct. 29, 2009 10:26 PM
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COMMENTARY

Employers’ empathy isn’t to be taken for granted

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Last week’s column on an Olathe leukemia patient fired from his job at Garmin Ltd. generated lots of reaction.

Scores of folks wrote me e-mails, sent letters to the editor or appended their comments to the online version.

For three nights straight, Brad Woodworth’s story was a topic on Darla Jaye’s radio show.

Overall, the responses fell into two categories:

Those who thought it was an outrage that Garmin cut Woodworth loose after five years on the job when he couldn’t specify a date for his return to work due to his cancer treatments.

And those who thought Garmin went above and beyond what it was legally required to do for a sick employee.

After consulting with experts in employment law, human resources and disability insurance, I’ve concluded that the truth falls in the middle.

And I share the information because many of us could wind up in the same boat as Brad.

To recap, he was diagnosed with leukemia in April and unable to go to work while undergoing chemotherapy.

Under federal law, employees of most big and medium-sized businesses are guaranteed at least 12 weeks of unpaid medical leave.

Brad got that leave. When the time was up, Garmin kept him on its work rolls — if not its payroll — for three months more and kept his family health coverage in force.

“We treated Brad with patience, respect and went above and beyond all legal requirements in order to assist him and his family during this challenging time,” Garmin said.

Many large companies would have done what Garmin did. Some more, some less.

Had Brad worked elsewhere, he might have received short-term disability payments during the six months he was without a regular paycheck.

Garmin doesn’t provide free short-term disability insurance, but employees can pay for such coverage. Brad didn’t.

And as for the extra three months of unpaid leave, Garmin didn’t have to provide that. But many companies do so as not to run afoul of the Americans with Disabilities Act.

“The statute is clear that granting extended leaves of absence is a recognized form of reasonable accommodation,” one lawyer told me.

Brad’s main beef was not his benefits, though. He’s upset that his unpaid leave wasn’t extended indefinitely so that, conceivably, he could have returned to work when he’s well.

Some companies would have done just that for a valued employee once upon a time, and some still do.

But in these more impersonal times, experts told me, many companies would do what Garmin did — fire Brad and let company-paid long-term disability payments kick in.

“There comes a time to move on,” an HR chief told me.

All the same, Woodworth plans to file a complaint with the Kansas Human Rights Commission.

It’ll be interesting to see if that changes Garmin’s plans.

A fundraiser on Brad’s behalf is set for next month.

Garmin intends to contribute, a spokesman said.

To reach Mike Hendricks, call 816-234-7708 or send e-mail to mhendricks@kcstar.com.

Posted on Thu, Oct. 29, 2009 10:26 PM
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