Reasonable accommodation - work from home

[Myjman]

Jurisdiction

Texas

I started a thread in December titled "
FMLA leave threatened to lose full time status"

This is somewhat in relation to that thread, in my paperwork to reduce my hours to 30 a week, it was also stated that "Working from home may be a reasonable accommodation". Now my employer did allow the 30 hours and said in my letter that working from home is not an option at this time. Don't remember exactly how they said it. My issue is that I really need the telecommute option, I finally got a new MRI and I blew out yet another disc in my back L3 L4 & L4 L5. Surgery is being planned after my dic tries shots to reduce inflammation but could be awhile before I can get back to full time work. Another employee just was given work from home because he was getting married and moved out of state with his soon to be wife. We both requested the telecommute about the same time. He was granted the option but I was denied? I really don't like to be the guy saying "that's not fair", but im honestly feeling that way right now. I mean I have a medical condition with a doctor saying this is helpful and I am denied, and another person fully capable is allowed because he made a choice. I just don't get it. What do I need to know here? Am I being treated unjust? To clarify, we both worked here the same amount of time I started 6 months before the other 8 years ago, our positions are lateral.

 

[army judge]

Even if someone gave you the "magic words" to mutter, what you're told by Internet volunteers mean nothing to anyone.

If you want real legal action, assuming such action is available to you, you'll need a lawyer.

You might even need to litigate to seek your remedy before a court.

Employer's have zero obligation or legal duty to be fair.
What is given to Joe, need not be given to John.
Fairness has nothing to do with discrimination.

I think you're saying you've been denied a request, while a colleague has been told yes to his request.

Unfair maybe, illegal or discriminatory it isn't.

Have you consulted a licensed attorney in your county about this?

Just because you possess a note from a physician doesn't mean your employer needs to honor the request.

A physician's note isn't a court order, a federal law, or a state law.

Furthermore, FMLA if granted, doesn't mean you'll be paid while on such leave.

You're appear to be seeking a work accommodation due to a medical problem.

Have you applied for such accommodation formally?

Have you discussed it with the right people within your employer's departments?
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What accommodations can I request?

In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. Under the ADA, employers are required to provide "reasonable" accommodations for employees with disabilities. Therefore, you can request any accommodation that is considered "reasonable." Here are some examples of reasonable accommodations from the EEOC:

<>making existing facilities accessible
<>job restructuring
<>part-time or modified work schedules
<>acquiring or modifying equipment
<>changing tests, training materials, or policies
<>providing qualified readers or interpreters
<>reassignment to a vacant position
<>medical leave
<>work from home
...
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Perhaps the information on this site will help you further:
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Employees' Guide: 2
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Remember, it's possible to receive an accommodation, if you approach the correct way.

 

[Disabled Vet]

Did you get hurt at work?

 

[Myjman]

Taking legal action would literally be the last thing I would want. I love my job and the company. I really hate using the it's not "fair" saying. I've had fmla for about 2 years now and yes it's a formal accommodation. It's not just a note from the doctor, I had to get paperwork from HR for my doctor to fill out reasonable accommodations due to my disability. I was not injured at work, though it is currently making my situation worse. In any case, I had all the ADA paperwork filled out formally turned in and is what allows me to be at 30 hours a week. My doctor asked if I needed to only work from home, but i was hesitant and told him I think I could do 6 hrs a day in the office, but I think I was wrong. I'm afraid if I put in a formal ada again, but with work from home being my only option, they will just choose to let me go. Then I would be really screwed, no insurance or income to fix the real problem.

 

[army judge]

Taking legal action would literally be the last thing I would want. I love my job and the company. I really hate using the it's not "fair" saying. I've had fmla for about 2 years now and yes it's a formal accommodation. It's not just a note from the doctor, I had to get paperwork from HR for my doctor to fill out reasonable accommodations due to my disability. I was not injured at work, though it is currently making my situation worse. In any case, I had all the ADA paperwork filled out formally turned in and is what allows me to be at 30 hours a week. My doctor asked if I needed to only work from home, but i was hesitant and told him I think I could do 6 hrs a day in the office, but I think I was wrong. I'm afraid if I put in a formal ada again, but with work from home being my only option, they will just choose to let me go. Then I would be really screwed, no insurance or income to fix the real problem.

What you just posted in your TOP POST could become an obstacle to what you now require.

That's quite easy to fix, if you simply explain to the authorities within your employer's business structure EXACTLY what you did here.

That's called discussion and negotiation.

In my view, anything's possible if you approach it with an open mind and civility.

I've learned that your medical condition is worsening.
That's not your fault.
Talk to your physician about working full time from home, then begin discussions with the right people within the company that employs you.

 

[ElleMD]

So you don't want to formally request a new accommodation or provide additional documentation of a change in your condition but think your employer should just grant you the ability to work from home anyway? It doesn't work that way. You need to go through the process. Even then you aren't guaranteed to be allowed to work from home, especially if it is unclear why "home" is medically required over the "office". The reduced hours, an ergo chair, breaks, the ability to lie down, and many other things could be offered instead of telework.

 

[Myjman]

I'm more afraid if I request a new accommodation that I'll just be fired, if my doctor says work from home is the only option. I have a family to support, as slightly advised by Army Judge, i decided to try and open discussion a bit "lightly" with civility and a open mind. Really I just asked my supervisor to "why" I got the 30 hrs instead of the work at home ( my accommodation papers included both as an option , with home saying "maybe"). So he asked the main manager and they said it's a legal issue related to FMLA. This has me more stumped than I was before. I hope someone here knows what this "issue" could be with fmla. Do I need to stop my fmla completely? I tried to research what it maybe and I did find one thing called FMLA "interference".

Just wanted to respond to ElleMD that tje work from home is in my formal request, but I think they way my doctor wrote it was unclear to HR as HR was asking questions like "Are you able to work 30 hours in addition to work from home". I have no issues with formal processes. Like I said I'm just more worried about getting canned, if its my only option. Then I'd be stuck trying to qualify for disability, I'd get less money and frankly I would be stuck doing nothing everyday, which mentally drains me, I need to have purpose( hope that makes sense). All I want to do is be able to work full time again. There's no options to lay back at work, and anything putting pressure on my backside or legs creates a lot of pain. Lying back hurts also, but it is much less.

 

[cbg]

Do you understand that FMLA does not require any accommodations at all? That accommodations are tied to a totally different law?

 

[Myjman]

Do you understand that FMLA does not require any accommodations at all? That accommodations are tied to a totally different law?

Yes and that is what really vot me stumped when I was told that it wasn't an option because of a "legal issue" related to fmla. I really hope they're not just blowing smoke or something.

 

[hrforme]

All I can think of is they are unsure how to track your work from home and time-off under FMLA tracking processes. You might consider coming up with an idea on that (even if it is just calling in each day to your supervisor when you start and stop OR when you take FMLA protected timeoff).

Does the other employee allowed to work from home have an ongoing intermittent FMLA request? The problem might be that his is a very easy yes and yours is tied up in FMLA and ADA concerns.

 

[Myjman]

All I can think of is they are unsure how to track your work from home and time-off under FMLA tracking processes. You might consider coming up with an idea on that (even if it is just calling in each day to your supervisor when you start and stop OR when you take FMLA protected timeoff).

Does the other employee allowed to work from home have an ongoing intermittent FMLA request? The problem might be that his is a very easy yes and yours is tied up in FMLA and ADA concerns.

Other don't have any ada or fmla concerns. But we do have specialized laptops we have to log in from and punch in/out and only can work from those laptops. All of my work is tracked by my unique id, in any department the work is tightly tracked.

 

[Disabled Vet]

Why do you think that working from home would help your condition?

 

[Myjman]

My doctor recommend at first, I told my doctor I think id be able to handle 6 hrs, I was wrong. Sitting upright causes too much pain to bare and impossible concentrate on work like that. Laying back like I am now don't put pressure on my tailbone, which causes 2 of my bulged discs to push on nerves from what I understand. All I so know is laying back don't cause as much pain. I have 5 discs total that are deteriorated and 4 that are bulging.

 

[ElleMD]

ADA does not require the accommodation you prefer, just one that will work. It is possible that you are on intermittent FMLA for 10 hours a week. I handle both ADA and FMLA and it does get confusing as to what an employee is seeking and under which law when the request is just for a reduced work schedule. If you don't know what you are asking for, your employer sure as heck doesn't.

If back pain is your issue, there are tons of accommodations that might work, aside from having you work from home. Ergonomic chairs/kneeling chairs, cushions/lumbar supports, standing desks, etc. Basically, you can replicate whatever chair situation you are using at home, in the office.