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Acoomodation request and Dr.'s note not enough?

Discussion in 'Medical Leave & Disability' started by ctwith3, Sep 16, 2011.

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  1. ctwith3

    ctwith3 Law Topic Starter New Member

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    I am covered by the ADA for several disabilities, and my employer is aware of that fact. and knows it to be true. Over the summer my doctors informed me that they consider me Permanently and Totally Disabled, I need to file for SSDI, and they will state my case they best they can using data from medical exams/tests to try and ensure that I do not get turned down by Social Security. I started the paperwork in July, and I have a date in early November when I should receive a (initial) decision. I know that it can take years to wade through the process. In the meantime I have filed for Disability Retirement from the NY State Teachers Retirement System, and filed with AFLAC with whom I have a disability policy.
    I am a teacher, so I was off over the summer. In mid-August I had a TIA and subsequently was under watch for more stroke activity, and obviously told I couldn't drive. I provided my employer with a note on 9/1 stating I was under my Neurologist's care, could not drive or work, and would be re-evaluated on 9/13. Later that day I had an appointment with another one of my doctors who gave me a note for work that states, "Mr. _____ is unable to work."
    I have unused sick days, and I want to use all of those days. Without getting into it with my employer, I notified him via email exchanges that I am unable to return to work during the 2011-12 school year, and emailed him a copy of the doctors note, which also states I am unable to return to work. I am now being asked to provide a letter from my doctor stating when I will return to work, or be re-evaluated for return to work.
    It appears my employer has not received paperwork on my Permanent Total Disability from SSDI, the NY State Teachers Retirement System, and AFLAC, but my doctor states he will not write a date on my note because he filled out all of the Disability paperwork and my employer states that if I do not provide a date I have to call in sick every night. I have stated that I require the school year off as a reasonable accommodation for my disabilities, but they are not responding to the request. Do I keep calling in "sick" every night?
    I would appreciate your guidance.
     
  2. army judge

    army judge Super Moderator

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    If you want to be paid, you must follow the policies, procedures, and protocols your employer requires.

    No, you don't have to call in sick every day.

    But, if you don't there will probably be negative consequences for you.

    That could be your termination for insubordination or job abandonment.

    I suggest you do EXACTLY as you're instructed.

    Or, seek a court order invalidating your employer's demands.
    Why?
    Because, ONLY a judge can mandate or require a person or corporation to perform (or restrain) a specific act!
     
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  3. Proserpina

    Proserpina Moderator

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    I'm going to hope that cbg will see this one, but initially my question is simple:

    Is taking off the entire school year - when you're a teacher - really a "reasonable accommodation"? I cannot see that it is.
     
    Last edited: Sep 16, 2011
  4. ctwith3

    ctwith3 Law Topic Starter New Member

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    I undertand the point you are addressing, but you should know that there is another teacher who was cut-back and has my same teaching certification- she could make out by ending up with a f/t position and benefits!
    Moreover, teachers get pregnant, teachers have to go out on leave because they get sick, have a heart attack, etc., and school districts post job openings for leave replacements to cover teachers for entire school years all the time. This happens all the time.
    I too hate the effect it has on the students.
     
    Last edited: Sep 16, 2011
  5. cbg

    cbg Super Moderator

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    I have a very hard time believing that taking an entire school year off will constitute a reasonable accomodation. Generally having to hire another employee to do the work of the disabled employee is considered UNreasonable. A SHORT leave can be considered reasonable, but a full year? I don't think so. Particularly when there's no guarantee that you'd be able to come back at the end of that year either. How long are they supposed to keep this cut-back employee in limbo - "well, you have a job for now but any time that ctwith3 wants to come back you have to immediately give up your job to her". How is that fair?

    But the law doesn't care what I think. When you called the EEOC and asked them if this would be considered reasonable, what did they say?
     

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