In most states in the U.S., can an employer force you to file ADA request for accommodation paperwork? My boss has strongly suggested to me twice to pursue a request for accommodation. My condition has been so bad, that I could request early retirement, based on disability, but I haven't. I can't quite figure my boss out, though. I don't know if she is really trying to be helpful or if she is just trying to get rid of me and replace me with someone healthier. The think I really don't get is that less than a week ago, she comment on how much better I was doing with my job tasks. (even made some reference to my health - that it must be better). Then, she sends me the ADA paperwork. I may be completely being paranoid, but she is almost being pushy about it. She has also made comments on numerous occasions that she can't imagine what it is like to me (for your work to make you sick). I keep trying to educate her about Lupus and Type 1 Diabetes, but I don't think she has a good understanding. Can she make me do the request for accommodation?
What kind of accommodation is she suggesting? It sounds to me like she is trying tone helpful but I don’t know her.
Im having the opposite problem. Im trying to get ADA accomadations, very informally at this point. Ive only mentioned it to my supervisor and her reply was, " I dont think the higher ups will go for it"
My job consist of a lot of hand written paper work. It's very difficult for me to write when my hands are so swollen & sore, even with a multitude of "special" writing instruments. All I want to do is to be able to type my reports, as I am still able to type without difficulty. I get the explanation that it wouldnt be fair to my co-workers.
In my opinion, Fair is not giving everybody the same thing, Fairness is making sure everybody's needs are met.
I would recommend you both go to your HR representative for advice. My bosses were harassing me about my doctor's appointments. I didn't know you can request FMLA time for reoccurring doctor's appointments until I spoke to HR so they would get off my back.
In some states it can take for ever to get anything going. So it sounds like she is trying to help. I would take her up on her help. You never know when that day will come when you won’t be able to work and wish you already had that paper work done.
I had to fill out ADA paperwork because I was requesting special accomodations (the ability to work from home occasionally and to have a flexible schedule). My understanding is that in all states, your employer is required to provide reasonable acomodations so you can do the job you were hired for. Here are some good web sites on reasonable accomodations:
http://www.adaintheworkplace.org/reasonableaccommodation.html
http://askjan.org/media/Lupus.html
Don't be afraid of the paperwork - it protects both the employer and you. The only frustration I had was when my dr first filled out the paperwork (or rather her assistant did) she said I may need 1 day a month to work from home. I had to let her know if I only needed reasonable accomodations one day a month I would just use sick leave! I asked to change it to a range of 1-3 days per week, 2-3 times per month. So technically I could work from home up to 9 days per month. i also arranged with my supervisor that i would turn in a work summary of what i accomplish when i work from home to prove i'm working. I find that I am more accountable for work done at home than work done at the office! Generally, HR and my supervisor have been very accomodating, however other staff who are not allowed to work from home are resentful and not supportive. I would chose any day to feel well enough to go into the office every day!
Hello to you alls on this good web site.
I'm facing a problem similar to that ; I'm being asked at work to write a memo to the Captain were I work because I have used all my sick Time and any other avaliable . (I have no time of any kind) so if I want to be off work when I'm get a flare up so they dont put me on absentee program , this program is usually a program they put you on to disipline there employee before they fire them.
They want me to be very specific and in detail of my health conditon and how I feel day in and day out, I feel scared and fasturated so I contacted my Union which there not really assist me. there not returing my calls .
I use to have FMLA but as of July 22 2013 it expired and I exhuausted all my time and I applyied again in Febuary 2013 and they denied me because I dont have 1.250 hours you need in order to apply for if and be accepted .
So when I work I dont get paid I dont have a disability program at work be cause I had a pre- exsisting condition when hired I work for the shefiff dept . I'm a certified nurse assistant (CNA). please in desperate nedd for advice.
God bless and all have a good and safe day.
I am also having difficulties in this area. I fought really hard to get a reasonable accommodation to work from home for one day per week, even though my doctor wrote me a note that said I should work from home on a regular basis and come in only as needed. Now my health has declined further and I need another day of telecommute which they are refusing to provide even though the work could easily be performed from home for the most part. I am now considering a partial retirement so that I can get the time I need which would mean a pay cut. It is very frustrating because I know my employer is breaking the law but I can't afford legal representation and don't want to create a hostile work environment that will only make my health worse. I think this is all really crappy. I wish people could be in our shoes for just a few months to know how it feels to have to deal with this.
I have seen two different things/ laws discussed here- FMLA and ADA. They cover two different areas. (Although they are seemingly similar.) jdt, what are the accommodations they are suggesting?
I'm not on reasonable accomadations I just missed work when feeling sick but I always go to the doctors office when I'm sick .they jusst want a memo stating that I'm aware that I dont have sick time and no avalible time . so they dont want to put me in a absentee program the Captain needs to approve my absences in the future.
Adelina, unfortunately they are within their legal rights to do so. It is not fair but there is nothing about this illness that is. I hope that you feel better and are able to keep your job.
The paperwork suggests that I have requested to be accommodated, which I did at one time, when I was really sick. At that time, my doctors suggested that if I had paid sick time, I should use it. They said that unless the work I was doing was physical in nature, they couldn't really suggest specific accommodations. In the research I've seen, for those of us who struggle with pain and extreme fatigue, flexible work schedules and work from home options are suggested as accommodations. My employer will not go for that. The only way I could have a flex schedule is if I worked 4 ten hour days a week, to have one off. I confronted my supervisor and she said I was reading way too much into her email, that she doesn't want me to leave the company. She says she wants me to stay, but (apparently) doesn't want to have to discipline me, if I can't complete work on time, because of my disability. She is a good person and I think she wants to help, but I also think that the higher ups of our company wanted her to make sure she had offered information about accommodations to me, just in case they have to take some kind of disciplinary action against me and I mention my disability status. I am a supervisor and some of my "coworkers" have complained that my illness has affected their ability to have supervision...not true. If I am out, another supervisor covers for me. If I am out for an extended period of time, my supervisor covers for me, so they are not left without direction. Let's just say there are circumstances in which they use my disability to their advantage. :-( The thing is, I push myself to go to work, sometimes when I shouldn't. I don't think I miss any more time, realistically than any of them.
I think I will go ahead and do the paperwork, to see if there is anything that can help or in the future, should my condition worsen again. My only fear is that my employer will then use our EEO branch to determine that I can't fulfill my job duties and there are no reasonable accommodations that will make it possible for me to stay in this job. (I worry entirely too much!) I think it's because I worry about keeping insurance and being able to meet the needs of my family.
Thank you all for the information and for the support! <3
I do not believe they are in that they can approve her missing work for being sick...as long as she has doctor letter stating she has health problems and these are her limitations. NOW...it might be her limitations might prevent her from doing the job properly such as peace officer or fire person. BUT they must try and accommodate her....which means even offer her another job that is more in line what she is able to do such as office work for peace officer.
If you are also asking about work supplying like wrists supports or fat pens ..i bought my own BUT my work did hand out the wrist supports to those who either had carpal tunnel or on their way to getting it plus got me a foot rest to help with my RA in my feet. So i am not sure about it and sure it depends on how large your company is as well.
I had worked their long enough and had enough trust built up that they eventually stopped asking but fellow co workers and supervisors would remind me it was time to leave. I just had the kind of job where you just could not get up and leave. But i do recall that legally they, my employer said they had to follow what he,doctor,had said.
I call federal labor or your state labor dept ...often you can contact them online with your questions. Also if you are federally employed like military they go by their own rules and laws. You do not get the same legal rights as individual of this country.
I know that some states have tried to make it illegal for city, state workers such as law enforcement or fire that it is illegal to strike so they have 'blue flu' days instead which as long as they abide by their contracts ...get doctor's certificate if needed etc...they cannot touch them.
So please never believe what your work HP's has to say, check it out either with state or federal labor depts!! Do not believe even what any of us have to say...find out on your own!
I had on line company that helps you get disability tell me that i did not qualify since i had waited too long....if i had listened to that and not just called SSI i never would have got it. I got it within 3 -4 months from applying with aid of man who use to work for them!! So not take things on face value!! Even what i say...laws change all the time and constantly are mainly going against the employee so who knows.
Having an ADA filing is helpful for both of you. You can show that you need accommodations and for your employer, it assists her at tax time so that she can be reimbursed for any extra costs required for your accommodations. It sounds as if she is trying to help. If she needs a temp for a day, that can be written off...15 mins of de-stress time could also be helpful. Large key keyboard for your computer, in some cases voice activated. These are all things that the ADA can help you and your employer acquire for you.
I think you are lucky to have if an employer willing to help.
Just my opinion.
DeAnne
Flutter,
It's not up to the "higher-ups" to decide if you need accommodations. A voc-rehab counselor is the one that would decide on what would be required for you to do your job.
Flutter said:
Im having the opposite problem. Im trying to get ADA accomadations, very informally at this point. Ive only mentioned it to my supervisor and her reply was, " I dont think the higher ups will go for it"
My job consist of a lot of hand written paper work. It's very difficult for me to write when my hands are so swollen & sore, even with a multitude of "special" writing instruments. All I want to do is to be able to type my reports, as I am still able to type without difficulty. I get the explanation that it wouldnt be fair to my co-workers.
In my opinion, Fair is not giving everybody the same thing, Fairness is making sure everybody's needs are met.
Actually it's between you and your Dr. what accommodations you need. When I requested an accommodation, my employer asked for doctors notes that described what my limitations were and what type of accommodation I needed. Also, I've read up on the ADA and Reasonable Accommodation Laws, and they explicitly state that an employer cannot deny an accommodation based on whether it would be fair to other employees. They can deny a request if they can demonstrate that it would be a significant hardship to the employer to accommodate.
Also, I really recommend that anyone with a disability who is try to work read up on ADA and Reasonable Accommodations. All of this information is available online, all you need is to do a search on them. It was really helpful for me when I was requesting a reasonable accommodation to know my rights and responsibilities and for me to know my employers rights and responsibilities.