What about my right to ask for accommodation when I feel I need it?

Email from employer:

Your email does not address the essential point of my February 22 email to you, which was a request for medical information. I believe my email to you was quite clear in advising you that BLANK requires medical information from your physician, not only so we can determine whether BLANK can take any steps to accommodate your situation, but also because BLANK requires the medical information so that we can understand whether you are going to be capable of regular full-time attendance in the future. Your email states that you have not requested an accommodation. Nevertheless, and even in the absence of a formal request for accommodation from you, BLANK has a duty to accommodate any employee with a disability. We are trying to do so, and that is one of the reasons we are requesting medical information, along with a secondary reason for the medical information, so that we can assess our ability to adequately staff the Section 23 program and meet our program obligations.

Whether you have specifically and formally requested an accommodation from BLANK or not , the fact remains that BLANK is entitled to have medical information from you to justify your pattern of absence from work. Furthermore, while you have not formally requested an accommodation, you have done so indirectly by , in essence, requesting that you be allowed to continue to maintain your full time position, when you have a two year pattern of less than regular full time attendance .

As I mentioned in my February 22, 2018 email to you, we acknowledge that we did receive a medical note from Dr. dated February 8, 2018. However, as I mentioned previously, it appears from His medical note that Dr. may not be aware of the extent and frequency of your absences.

It’s is BLANK view that Dr. has not correctly characterized your current ability for full-time work. Dr. states that, generally, you are capable of full-time work with regular duties. However, your attendance record has not demonstrated this. Instead, over the past two years and two months, you have been capable of only irregular attendance, working an average of four days per week. Full-time work is five days per week and your attendance record demonstrates that you have not been capable of full-time work. As mentioned above, we do understand as advised by you, this is due to your medical condition. Your doctor’s opinion that you are generally capable of full-time work is not consistent with your pattern of absence.

In any event, the medical you provided dated February 8, 2018 does not provide BLANK with sufficient information for us to assess whether you will be capable of regular full time attendance in the future, and what your prognosis might be. Therefore, we request that you return to Dr. for a follow up appointment and specifically obtain the following medical information in written form from Dr. and then provide it to us:

1. A description of any medical, physical or other restrictions which may result from your medical condition and which may impact on your ability to perform your job duties and attend work on a regular, full-time basis, meaning five days per week. (Please note that we are not asking for any diagnosis or details of your medical condition, other than as they relate to any restrictions it may have on your ability to perform your workplace duties and ability to attend work regularly.);

2. A prognosis from your physician as to the likelihood that your medical condition might improve, such that any current restrictions and/or modifications might not be required in the future, or may be required to a lesser degree;

3. A prognosis from your physician as to the likelihood of your ability to achieve regular, full-time workplace attendance (i.e. five days per week as opposed to your current average of four days per week) in the reasonably foreseeable future;

4. Alternatively, if your physician determines that it is unlikely that you will be able to achieve regular, full-time attendance in the reasonably foreseeable future, whether it is also likely that your attendance will tend to decline in the reasonably foreseeable future; and

5. Any suggested accommodations or recommendations your doctor may have for BLANK to allow us to better accommodate your situation.

Angela, please note that we require the above information from your physician so that we may assess your workplace restrictions, needs and any requirements for accommodation, as well as our ability to ensure that we meet program needs, which are five days per week.”

You have stated that you are unclear about what BLANK is trying to achieve by highlighting your absences from two years ago.

Let me try to clarify . What we are trying to achieve is to obtain an understanding from your physician about your pattern of absences, and in particular we are trying to determine whether you will be capable of regular full-time attendance in the foreseeable future. That is why we have requested that you provide to your physician a copy of my February 22 email, so that your physician can answer the five questions BLANK has asked, as well as complete the form we have delivered to you. To repeat, BLANK requires this medical information from your doctor so that we can understand any accommodation issues or obligations BLANK may have toward you, AND ALSO so that we may understand whether you will be capable of regular full-time attendance in the foreseeable future. BLANK is entitled to that information and you are contractually obligated to provide it.

We have referred to your absence pattern for the past two years because it is a critical fact in our decision-making processes. Review of your attendance records, has identified that over the past two years, you have been unable to attend work 5 days a week consistently. BLANK has a right to expect that its employees attend work on a full-time basis regularly. Your record demonstrates that you have been unable to do so, and you are therefore not in compliance with your contractual employment obligations. As I mentioned in my last email, however, BLANK does understand that you have a medical condition which is preventing you from regular full-time attendance, as you identified in our meeting in January 2018. We are not faulting you. Nevertheless, BLANK is entitled to know whether this absence pattern is going to continue, or whether it will improve or get worse. We need this medical information to assess our staffing and meet our program needs. Currently, your attendance pattern is negatively impacting AYSP’s ability to meet its program requirements.

After we receive the requested information from your physician, BLANK will review it, and BLANK will then be in a better position to understand the likelihood that you will be capable of regular full-time attendance in the foreseeable future, or not, and we will also be in a better position to assess our staffing needs in order to meet our program requirements.

I requested in my February 22 email, further medical, which you have yet to provide. Please re-attend at your physician as soon as possible and obtain in written form, the medical information we have requested. Please advise me when your next scheduled medical appointment is so that I may have an understanding of when BLANK can expect to receive the requested medical information.

I trust that the above information, together with my email to you of February 22, 2018, have clarified BLANK position, and has explained why we are requesting medical information. We look forward to receiving that medical information as soon as possible.

Finally, we are sorry that you are feeling stressed. However, I can assure you that we have no intention to pressure or discriminate against or harass you. We do not feel it is pressure, discrimination or harassment to require that you provide us with medical information that you have a contractual obligation to provide.

That last part just feels like a slap in the face.

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14 thoughts on “What about my right to ask for accommodation when I feel I need it?”

  1. Angela I really hate you are being given the run around with what your employer is wanting. Hopefully once your doctor gives them an updated note, they will lay off and let you be. You are so great at your job and they need to recognize this and be thankful you work with them. I wish you lots of luck and hope things get better for you soon!!!

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    1. I don’t think they’ll ever lay off. I’ve already given so many notes and forms filled out. I didn’t ask for any accommodation and now they’re trying to force me into something so that they can use that against me. Thanks for your support

      Liked by 1 person

  2. That last paragraph is pure bullshit. Does whoever wrote that get paid by the word?

    Honestly Angela you are between a rock and a hard place. They aren’t going back down and there doesn’t appear to be anyone who can help you. Is a lawyer out of the question because of the union thing? I would consult with one anyway to see what you litigation options are if they terminate you (or try to)

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