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Employee will only grant ‘temp WFH’ accommodation

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    Employee will only grant ‘temp WFH’ accommodation

    Hello all. It’s been a few years since I had the need to ask any questions on this web site. Things were going just fine until a ‘merger’ between 2 telecom companies 2 years ago. Things were fine during COVID, but 6 months ago we were required to return to offices.

    Historically I had a WFH accommodation with my old company since 2015 due to complications from a 2 year battle with a stage IV ulcer. New company doesn’t allow permanent WFH accommodations for my department. I can only get 6 months at a time, and my first accommodation is set to expire the end of May. Furthermore, I am not even located in the same geographic area as the rest of my team. They are all in NorCal and I am in SoCal. So far no one has told me to relocate, and if they did, I wouldn’t, even if it meant losing my job (real estate prices, gas and complications of finding new care givers, etc complicate everything).

    I’ve reached out to out HR partner and they told me I cannot get a perm WFH accommodation. This puts a burden on myself, and my PCP who has to fill out stacks of forms. I absolutely hate putting that on her. I think it’s unnecessary and puts expensive burden on my PCP for her time (last time she didn’t bill me, even though I told her to!)

    HR is telling me that it’s a ‘legal’ issue.

    Is there anything ADA related to back me up on this? I could go into all the reasons why I WFH, isolate and didn’t go out very much prior to COVID, but let’s just say COVID didn’t change my life very much because I’ve been in this mode since 2015. And my conditions aren’t likely to get any better, and my age will probably make things worse.

    Any legal advice would be great!

    Thanks!

    #2
    A brief suggestion due to the hour ... it seems to me you would have strong grounds to request and receive a "Reasonable accommodations" under Title I of the Americans With Disabilities Act ( ADA) especially since you have been performing "essential job functions" since 2015.

    Here is some info on Title I, ADA:
    https://www.eeoc.gov/laws/guidance/e...ue%20hardship.

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      #3
      Does your company have an ADA resource person? Is the Human Resource person fluent in ADA regulations?

      Comment


        #4
        If you don't get anywhere with requesting "reasonable accomodations" as above, and your HR dept. is no help, you may need to see an attorney who specializes in EEO issues and file a Dept. of Labor complaint under the ADA regulations. This is an area where you have to become your own advocate, not just for yourself but for other similar employees of this company.

        (KLD)
        The SCI-Nurses are advanced practice nurses specializing in SCI/D care. They are available to answer questions, provide education, and make suggestions which you should always discuss with your physician/primary health care provider before implementing. Medical diagnosis is not provided, nor do the SCI-Nurses provide nursing or medical care through their responses on the CareCure forums.

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