Attendance Policy vs. Disability Claim

Unlikely. What you described is no different than if the employee showed up for work, got a migraine and went home.

 

I don't see this as a problem either, but it does seem a bit heartless.... unless it was totally unreasonable to miss 95% of the day because of a missing screw. That does seem a little odd, but I know zip about prosthetics.

Regardless, the documentation of the absence isn't actually any kind of disciplinary action.

 

If a non-disabled employee who missed 95% of the day for a non-FMLA, WC, jury duty etc. reason would be given an unexcused absence, so can this employee. The purpose of the ADA is to level the playing field; not to excuse a disabled employee from any kind of adverse action in the workplace that a non-disabled employee is subject to.

 

Unlike indentured servants and slaves during the 16th, 17th, 18th, and 19th centuries of this country; employees are free to work where their needs are best met.

Attendance policies that are based on retribution and punishment are often put in place by heavy handed, abusive employers.

The solution is not to fight these employer monsters, it is simply to find an employer who treats employees like the human beings they are, not as if they are farm animals or beasts of burden.

Another option is create your own business, where you make the rules.

I was once offered a position by an abusive attorney at a salary twice what I was earning.

I simply said, "I'm flattered, but no thanks. I'm very happy in my current position."

We all have choices.

The challenge is to choose as if our lives depended on each choice, because they really do.

 

Without going to the boss and saying "Look what happened Boss. I need to go get it fixed."

Sigh.

 

Yes, that would be significant too. I'm not sure if that is the case here, but a little communication on the matter could certainly go a long way.