Resonable Accomodations and Absences

[roxyloxy]

Hello:

I have a diagnosis of chronic fatigue syndrome, Hashimotos, and hypothroidism. I have given numerous notes to my boss showing my diagnosis. I have extreme fatigue and at times cannot even leave the house. The job I do is standing for 8-10 hours a day while doing surgical procedures and wearing 10 lbs. of leaded apron to protect against the x-ray fluoroscopy that is occurring during the exam. I am, by sheer will and by knowing my body, able to do that job quite well. However, a late shift was added to the schedule and I asked if I could move to that shift. I was moved to the later shift and then my boss proceeds to give me a lot of extra work that is NOT in my job description: clerical, technical, and intense projects. He stated it was because I had time in the evening to do the work. For about a year I was able to keep up, but the department started to become very busy and we are now doing cases up until I leave and even after. I do not ever have time to do the work and must try to do it in between cases or even during cases. Many times I have stayed 2-3 hours past my shift working on these projects. This has caused me much stress and being overworked, which has led to absences over the allotted amount as stated in the policy. However my boss said that since I have these illnesses and doctors notes, I could miss more work than the policy stated, and that we would work together on the issue.

I have asked repeatedly, for the last 2 years, to be taken off these duties or to have help with them. None of these accommodations have been accepted or given. I kept doing them because I feared I would be terminated for my illnesses. Let me also make clear NONE of of the extra work is listed in my current job description. I missed work a day last week and out of nowhere I'm now being set up for "interactive process" meetings due to absences. What protection do I have if they reduce my hours or fire me?

Thank you,

RL

 

[disagreeable]

Sorry about your luck. I had to stop working because I could no longer tolerate the PN throughout my body, full body numbness and loss of my ability to close my fingers along with many other medical issues. That is what SSDI is for. I have been off work about 29 months. At least in CA you can file for state disability while you await an SSDI hearing. I spent the first year trying to find medical relief and a way to go back to work. When it became apparent that was not happening I filed for SSDI and am still awaiting an ALJ hearing. Life is tough.

 

[cbg]

FYI, your job description is what your boss says it is. It is by no means unusual for different shifts to have different duties. You asked for the evening shift and got it. You also get the job duties that are essential to the evening shift, even if they are different from the ones on the day shift.

 

[ElleMD]

I am assuming ADA(AA) applies here and that you meet the criteria for FMLA. FMLA id job protected leave, up to 12 weeks a year, and ADA allows for a reasonable accommodation. Note that it is never considered reasonable to eliminate essential duties, and that includes paperwork. There doesn't seem to be anything about your conditions you describe that would make paperwork impossible. If anything, paperwork should make it easier on you than remaining standing for hours at a time in a weighted apron. Workload in general, is what it is and while there may be accommodations they can make, such as providing a stool for you to sit when practical, there is a limit to what can be done. I would talk to your doctor, make him or her aware of the physical demands of your job, and ask for suggestions that do not include just doing the duties you don't like.

Cbg is correct that your job description is what your supervisor says it is, not just what is written. That is non binding unless you signed a formal contract and I dare say the number of employees in the working world with totally up to date written job descriptions, that encompass all of their duties, is extremely low. Jobs constantly evolve and duties get added. Different shifts very often perform different duties.

On a personal note, it sounds like well past time to start looking at other employment options.

 

[Betty3]

Again, on a personal note, you might want to look for another type of employment (work) while you currently still have a job. Good luck to you.

 

[roxyloxy]

Hi All, Thanks for the helpful responses. I forgot to mention that there are 2 other people on the same shift as me and they are not required to do any other work than being a technologist. Also, the extra work that was assigned to me, I dont have any allotted time to do it in. I usually do it in between cases, during cases, or I just stay over to get it done. I like the type of extra work, but there are many points where those projects have interfered with my essential job duties. ElleMD stated "Jobs constantly evolve and duties get added." That is what happened here. When I first got the late shift, cases were done by 400 so I could have one hour to do some of the extra work. However for the past 2-3 years cases are not done till 530-6pm. So I stay late or scramble all day to get it done, my immune system takes a dive and I get sick or have a relapse. (all this I have notes from my doctor too). The job has evolved and duties need to be displaced. I have overstayed my welcome at my current job and I am looking for another. Has anyone ever been a part of a "interactive process" meetings due to absences? How can I prepare? Thanks again

 

[Betty3]

The thing is all employees do not have to be treated the same as long as you are not discriminated against due to a reason prohibited by law.

You can do a google search - there are websites that gives information on the "interactive process".

 

[ElleMD]

I am on the other side of the desk in the interactive process but have been through more cases than I can count over the past decade +. I am not sure why employees view this as a bad thing. It is not. It is what the law requires when an employee makes a formal request for accommodation. This is the process for making the request, providing documentation and determining what is feasible and reasonable.

What you need to focus on is what accommodations you need in order to be able to perform your job as your employer requires it to be performed. Not complain about workload, division of duties, scheduling, or your medical condition beyond how it affects your ability to perform the work. Removing duties is beyond what the law requires as is giving someone else your work. Rescheduling patients to be finished by a certain time is also not reasonable. Limiting overtime or shift length may or may not be reasonable. If there is a 10 hour surgery scheduled, leaving in the middle I can assure you in not. If these are five 2 hour each procedures, maybe. Not being at your employer, I can't say for certain what might be available.