Reasonable accommodations from employers

By pepsiman858 Wednesday, September 17, 2008

- A
- A
- A

Hi, I'm new to the community and I think it's great. I'm 31 years old and have been working labor on the night shift since 2001. Well, guess what? That's when my migraines started too. It progressed from a few migraines a year in '01 - '02, to one or two a month by '05, and finally they were knocking me off my feet by '07 two to three times a week...I basically lived between migraines. I had been working with a neurologist since '05 and had FMLA at work that I have been able to take on an intermittent basis, however, I eventually found myself unable to work nights completely. Has anybody had experience with dealing with their employers regarding accommodating your migraines on the job? I am a great worker who wants the chance to carry my own weight if given the chance but my employer doesnt want to budge regarding a shift change.

Migraine a disability?

Comments (10) | Add comment

Tracy

9/19/08 8:52am

Hi, I am in the same boat as you are to an extent. I work for a health insurance company which I work in the call center part. I started there last Aug.07. I had my first episode with migraines in Dec. 07 while working during what they call open enrollment. It took me down for a month. When I came back to work they refuse to accommidate me in anyway at first. Told me that if I liked my job to deal with it. They explained that they couldn't accommidate me because then they would have to do it for others. I think that is not right in any case. Since each case is different. Now, they are offering people to go home and work out of their homes. But, with the metrics that they hold there is no way for me to go home and work. Because of my migraines my metrics are always down because I have to take a little time off the phones to get the migraine under control between calls. I have spoken with my supervisor which in way I think she does contribute to some of the really harsh migraine eposodes. She is always screaming about her metrics. I asked to be moved to another team by higher management and was told could not accommiate that either. I am stuck with the same superviser who just doesn't understand. I am in the process of going to HR and seeing what they can do for me. Since it is has been almost a year now and the supervisor is not being accommiating by any means.

Good luck in your future.

Tracy

MACDOODLE

9/25/08 9:41am

an employment attorney -in the state your in- can best advise

or the local ilc. who may or may not has someone trained to assit

http://www.ilru.org/html/publications/directory/index.html

the ADA SAYS can ask fro 10% job accommodation, i believe,

a shift change may or may not be considered more..

lynn

9/25/08 10:39am

Hi - sorry you're having so much trouble and apparently it is more common than I ever knew. While working as a prime time bank teller I got knocked down to on-call teller nine years ago because of difficulties with the migraines. My customers never complained, it was fellow employees! No support from comrades and little from management. You may have to consider seeking different employment, but first, you should consider the advice of some of the others who've commented, such as talking with an employment attorney, etc. At the time of my issue, I didn't know I had any options - hang tough!

Laura P

9/25/08 2:04pm

My employer got special wraps to put around the flourescent lighting above my cube. Helps immensely.

Hopeful

9/26/08 2:12pm

My doctor put me on short term disability while trying to get my once a week migraines under control. When I came off the disability my employer "changed" my job slot. The new "changes" made me unqualified so I was laid off.

gwen

9/28/08 1:46pm

I worked as a nurse on the night shift and due to migraines increasing because of my shift my doctor wrote a note that I could not work nights. So, I did straight days for a few months and then day and evening shifts. My employer had to accomadate me and my doctors orders. Some of the other nurses were jealous but you do what you have to make your life bearable. They didn't walk in my shoes.

Wifelet1

4/ 9/12 10:01am

Hi Gwen,

I read your post regarding coming off the night shift and totally agree with what you said about jealous colleagues. I have worked in my present position for 25 years and been a sufferer for some 30 years. I desperately want to get off the night shift as I find it my trigger and suffer big time, my employer seems hell bent on keeping me on nights and with employment the way it is at the moment feel trapped. I haven't asked for permanent days as thought that was less likely to happen, I have asked if I can work dfays and midday to midnight shift (instead of nights) but they feel that is unreasonable. I have been told if I cant do nights they would have to look at job capability (im lost not sure what that entails). Without wishing to sound uncaring I have a colleague in a wheel chair and she doesnt complete her job fully and gets everything she asks for (again I dont mean to sound harsh as I wouldnt want to be in a wheelchair) it seems because migraine cannot be seen people dont understand the agony and debilitating effect it has on sufferers lives. DFont really know ehere I stand..

lucyarlene

4/ 9/12 3:52pm

You first need to have your doctor complete family medical leave papers, which protects your job. Then you have the right to ask for accomodations through your HR, backed up by your doctor.

Wifelet1

4/10/12 5:00am

I have spoken to the company Doctor and he recommended that I try a new preventative medication and be kept off nights for three months to see how I got on with the medication, but the company put me back onto nights after only 6 weeks claiming it was company demands. I have just missed my last shift due to migraine and now just end up worrying about what they will do!!

lucyarlene

4/10/12 11:37pm

It is the family medical leave paperwork that you need first. Have you and your doctor completed those yet? Not just a doctor excuse/prescription. And not the company doctor. My state's FML paperwork mimics the fedetral law which lasts for 12 weeks out of each year, taken continuously or intermittantly. My HR representative told me then that special ...reasonable....accommodations need to be asked for. Get your FML paperwork, then talk to your HR Rep. Your employer does have the right to refuse your request for accommodation if it is an undue hardship on the employer, but that does not mean that they can refuse any accommodaton. State your disability and your request for accommodation in writing. Your doctor should also put on the FML paperwork the need for an accommodation. You and your employer might need to discuss other accommodations...like maybe not a change of hours permanently and full time, but maybe on an alternate schedule. Or you can go home using FML if you have a migraine that starts at night at work. Just some ideas. I know that you do not know when migraines will happen. I wake up with mine with no signs the night before. But my accommodations are that if I can get my migraine to settle down to a headache that is not as dibilitating I can go in later and work later. But, for those days that your migraine takes control and you cannot work, your FML will save your job. Ask your HR for the forms. I do not know how large your employer is, or the state you live, but you can read about the federal family medical leave act online. See if that will help you. The stress of worrying about your job will not help your migraines.

Reasonable accommodations from employers

Ask a Question