my doctor sent a note to my work for my hours to be changed ... i have ms and i have some type of hypersomnia , they wanted my hours to be earlier ( i work from 130 to 10pm ) and it is affecting my health . now it has been over a month and i have sent an email last week to my personal supervisor and called him yesterday , and he told me to call him today and after 8 hours he called to say that he didn't have a "meeting " yet with my corporate office .. now i work at a large transportation company and they do have a "seniority board" in affect but my office manager has always let everyone slide around for appt. or to get your kids off to school and has brought non senior employees in before other ones .. will this affect my accommodation ? i need earlier hours and i dont have the seniority to bid an earlier shift .. i make great money and can support my 3 children on this and i am trying to keep up the long hours but i keep getting sick and as i said earlier my doctor wanted my hours earlier so i can get enough rest . is this fair they are blowing me off ? or can someone help me i really dont know what to do or where to go , lawyers dont want to get involved till you go through ada and i dont know if i have a case, thanks
- Resources
Hi Heather,
Sounds like those above you on the chain (supervisors and such) are in no hurry to discuss your needs. The ADA does not specify a timeline during which the process must be complete, but the EEOC does recommend that once an accommodation has been identified, employers should "act promptly."
Here's a related question which was asked and you should certainly read the answers that were given. The Job Accommodation Network is an excellent resource and this page at the Equal Employment Opportunity Commission has some good information.
In general, you must request an accommodation, verify that it is disability-related, and suggest the appropriate solution (sample letter). The employer is not required to grant your top choice for accommodation, but it's a good idea to offer reasonable solutions which do not place "an undue hardship" on the employer.
To me, it sounds like you've made the request, your doctor has certified your disability, and you have a proposed accommodation (earlier work shift). It is up to your employer to meet with you in a timely manner to discuss the options.
Here is an interesting excerpt from the Job Accommodation Network -
According to the EEOC, there is no specific amount of time that employers have to respond to an accommodation request, but they should respond as quickly as possible. Unnecessary delays in responding or implementing an accommodation can result in a violation of the ADA. The EEOC provides the following examples:
Example A: An employer provides parking for all employees. An employee who uses a wheelchair requests from his supervisor an accessible parking space, explaining that the spaces are so narrow that there is insufficient room for his van to extend the ramp that allows him to get in and out. The supervisor does not act on the request and does not forward it to someone with authority to respond. The employee makes a second request to the supervisor. Yet, two months after the initial request, nothing has been done. Although the supervisor never definitively denies the request, the lack of action under these circumstances amounts to a denial, and thus violates the ADA.
I did the ADA for my hospitals. The law states that "they have to make reasonable accommodations to the known physical or mental limitations of an individual with a disable individual unless the accomadation would impose an undue hardship".
Might want to look at at ADA laws..see EEOC NOTICE #915.002
It might give you what you are looking for. My workplace did all I requested from them and more. There is some "gray areas" their but the ADA is not regulatory law like the FDA, EPA...but is a Congressional Mandated Law enacted by Congress and signed by the President. This puts alot more teeth in the Law and its enforcement.
Reloooking at the ADA laws from the "employer side" it is a give and take solutation. They do not have do do something that they consider "unreasonable", however most companies will do things to make changes to help you. If you present them with a problem, have a solution alot there to throw out on the table. It is better to uses sugar than vinegar. Always keep a copy of all comunications you send via email...John
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