How do you handle an employee that refuses to travel (a known job requirement) due to lack of childcare?

There is a project that requires several trips over the course of a two month period. The employee has "blacked out" 5 weeks that they are unable to travel due to lack of childcare which will cause major project delays. Specific meetings have not been scheduled so the employee has not outright refused travel but we would like communicate that lack of childcare is not an acceptable reason for not traveling. All meetings are scheduled with a minimum of two weeks notice so adequate time is being given for arrangements to be made on the employee's part.

Public Comments

1. Please tell me you have a written agreement in your employee manual that states 'travel' is a mandatory requirement for the position? Let's assume you do, which makes your job easier (not pleasant). Inform the employee that they did indeed sign the employee agreement and understood that travel was a mandatory part of accepting the job.

   If they can not fulfill their commitment of travel when needed, then you give them their walking papers and wish them good luck.

   It's not pleasant terminating an employee, but when it is stated (in writing) prior to hiring what is mandatory and the employee for whatever reason decides to not follow the requirements to keep the job, it's best they find employment elsewhere.



2. Assuming this is not a new child, where she would be covered under FMLA, you handle as you with.

   If she is not longer able to fulfill the duties of her position (provided not ADA or FMLA issue), then you have legitimate grounds to terminate.



3. If you have not already done so, I suggest asking the employee why he/she cannot find child care and make the trips. I would not accept a simple refusal to go. However, there might be a legitimate extenuating circumstance. For example, if a grandparent was supposed to watch the child but fell very ill, then the employee may be willing to travel but is legitimately in a tough spot. In that case, I might try to temporarily swap assignments with someone who can travel. Or, I might assist the employee in transferring to another position that does not require travel.

   If there is no extenuating circumstance, then simply explain the situation politely, but firmly. Travel is a requirement of the job. If this person cannot fulfill the requirements, then he/she needs to transfer to another position or resign. Refusing to travel is unacceptable.

   If this person still refuses, then termination is an option. However, consult your attorney to make sure that everything is done properly.



4. Childcare is not the employer's problem. If the employee can't meet the requirements of the job, the employee can be fired.

   I would write up this employee for missing required meetings and state in the write up that if any more are missed the employee will go on probation. If the employee then misses a third meeting -- termination.



5. As a business owner, I agree with you.

   Childcare is her problem, not yours.

   She has several options...she can take the children with her and make arrangements with a local nanny service to have a caregiver come to the hotel....I have personally done this before and have a friend that does it for a living.

   You are not legally required to accomodate her...she just doesn't want to pay for it, most likely.

   I would tell her that she has to make a commitment with 72 hours of taking the required trips or she will be released from her employment.

   That is NOT considered discrimination.