An outdated job description may be creating FMLA, ADA, and operational risks your leadership team hasn’t considered.
David, the CEO of a mid-sized distribution company, called me after his operations coordinator, Jennifer, went on medical leave for shoulder surgery.
“Vanessa, her doctor says she can’t work for 12 weeks,” he explained. “But she sits at a desk most of the day. I don’t understand why she needs that much time.”
I asked David to send me Jennifer’s job description.
Here is what it said:
“Performs general office and warehouse duties as assigned.”
That was the entire description of her responsibilities.
Now, imagine you’re the healthcare provider reviewing that information.
What exactly are “warehouse duties”?
Does Jennifer lift heavy boxes? Move inventory? Reach overhead? Operate equipment?
The job description doesn’t say.
Without a clear explanation of Jennifer’s actual duties, her healthcare provider had limited information to evaluate which job functions she could safely perform during recovery.
But here’s what David told me next.
Approximately 90% of Jennifer’s work involved scheduling, vendor calls, and data entry.
Her warehouse responsibilities were occasional, and some could potentially be handled by another employee during her recovery.
The problem? Her job description didn’t explain any of that.
Of course, Jennifer’s medical condition and recovery needs—not the job description alone—would determine whether she needed medical leave. But an accurate description could have helped everyone better understand her actual responsibilities and evaluate appropriate options.
The Hidden Risk in Your Job Descriptions
Many organizations have job descriptions that were written years ago.
Some were copied from templates. Others were created when the organization was much smaller.
And some haven’t been updated even though the employee’s responsibilities have changed significantly.
That may not seem like an urgent problem.
Until an employee requests medical leave or a workplace accommodation.
At that point, the job description may be provided to a healthcare professional who has never visited your workplace.
If the description is vague, outdated, or inaccurate, the provider may not have a clear understanding of the employee’s essential job functions.
That can complicate decisions about medical certification, work restrictions, accommodations, and returning to work.
And for employers, the consequences may include unnecessary confusion, scheduling disruptions, additional administrative work, overtime, and temporary staffing expenses.
A poorly written job description doesn’t automatically cause these costs. But it can make an already complicated situation more difficult and expensive to manage.
Why CEOs Should Pay Attention: ADA and FMLA
Two federal laws make accurate job descriptions particularly important.
1. Americans with Disabilities Act (ADA)
Under the ADA, employers must evaluate whether an employee can perform the essential functions of a position, with or without reasonable accommodation.
A written job description prepared before advertising or interviewing applicants is one type of evidence considered when determining essential job functions.
But the document isn’t the only evidence.
The employer’s judgment, actual work performed, time spent on duties, and other relevant factors may also matter.
The leadership risk: If your job description doesn’t accurately reflect the position, you may have difficulty explaining which functions are truly essential when evaluating accommodation requests.
2. Family and Medical Leave Act (FMLA)
Under the FMLA, eligible employees of covered employers may be entitled to job-protected leave for qualifying medical reasons.
When an employer provides a list of essential job functions with an appropriate medical certification request, the healthcare provider may be asked to evaluate whether the employee can perform those functions.
An accurate description helps communicate what the job actually requires.
However, employers must remember an important distinction:
An employee’s entitlement to qualifying FMLA leave does not disappear simply because modified work might be available.
Likewise, the ADA may require an individualized assessment and an interactive process to evaluate reasonable accommodations.
A job description helps inform those decisions. It does not replace them.
Six Things Employers Should Fix Before a Problem Develops
You don’t necessarily need to rewrite every job description in your organization.
Instead, begin with positions where inaccurate descriptions could create significant operational or compliance risks.
Here are six practical steps:
1. Clearly identify essential job functions.
Separate the duties the position exists to perform from incidental or occasional tasks.
“Other duties as assigned” should not substitute for a meaningful description of essential responsibilities.
2. Accurately describe physical and other job demands.
If a position requires lifting 50 pounds, identify that requirement and how frequently it occurs.
If overhead reaching happens only occasionally, explain that.
Do not exaggerate or minimize actual job requirements.
3. Explain what the employee really does.
Include enough detail to distinguish primary responsibilities from occasional assignments.
For example, identifying that a position primarily involves scheduling and data entry may be more useful than describing it broadly as office and warehouse work.
4. Identify opportunities for appropriate adjustments.
Some marginal tasks may be temporarily reassigned, or other reasonable accommodations may be available.
However, whether an adjustment is appropriate depends on the specific circumstances, applicable law, and the employee’s medical restrictions.
Employers generally are not required under the ADA to eliminate essential job functions, and modified work cannot be used to deny qualifying FMLA leave.
5. Involve the employee’s supervisor.
Supervisors often know how a position operates in practice.
Ask them to review job descriptions for accuracy, including the duties employees actually perform and the frequency of those duties.
6. Review and update descriptions regularly.
Update job descriptions when responsibilities, equipment, processes, or organizational structures change.
A document written five years ago may no longer describe the position your employee holds today.
Two Important Cautions
First, a job description should never be used to pressure an employee or healthcare provider to shorten medically necessary leave.
Its purpose is to provide accurate information.
Second, a job description is not a substitute for compliance with the ADA, FMLA, applicable state laws, or collective bargaining agreements.
Employers should evaluate leave and accommodation requests individually, follow applicable procedures, and involve qualified employment counsel when necessary.
The Bottom Line for CEOs
David initially thought he had a medical leave problem.
What he also had was a job documentation problem.
The distinction matters.
An accurate job description may help employers communicate essential functions, evaluate accommodation options, support return-to-work discussions, and make more informed decisions.
But an inaccurate one can create confusion at precisely the moment when clear information matters most.
A job description is a small document with a big job.
And sometimes, the most expensive part of an employee’s medical leave may be a sentence nobody ever read twice.
How Expert Human Resources Can Help
At Expert Human Resources, I work with CEOs and executive leadership teams to identify HR compliance risks before they become costly organizational problems.
My services include:
- Independent HR Audits and Risk Assessments
- FMLA and Michigan ESTA Compliance Reviews
- Job Description and Essential Function Assessments
- Leave Administration and Management Process Reviews
- Management Accountability and Compliance Guidance
Your organization may have more HR exposure than your leadership team realizes.
Before an outdated job description contributes to your next expensive employment problem, let’s talk.
Visit www.experthumanresources.com to learn more.
Vanessa G. Nelson, CLRL
Executive HR Risk Advisor
Expert Human Resources
Protecting Your Leadership Decisions. Preserving Your Reputation.
Editor’s note: The scenario involving David and Jennifer is fictional and is provided for illustrative purposes. Any similarities to real life are coincidental. This article offers general HR compliance information, not legal advice. Employers should consult qualified employment counsel regarding their specific circumstances.
