PHILLIPG
08-19-2006, 10:33 AM
I am diabetic and scheduled to work from 9 am to 3pm or 9 AM to 4pm each day. i have notified my supervisor that i need to eat mid way through my shift because of my diabetes and they informed me that i can't take a meal break. can they deny me a meal break if i need to eat periodically due to health issues?
The state of Indiana does not require your employer to provide you with meal breaks. So you need to go another route.
You have an ally in the form of the Americans with Disabilities Act, which says that IF you have a qualifying disablity, your employer is required to provide a reasonable accomodation.
You need to be aware of a couple of things. First of all, while diabetes CAN be a qualifying condition, there is only one condition that automatically gets ADA protection and that condition is not diabetes. It will have to be looked at on a case by case basis; not, is diabetes a qualifying condition, but is YOUR diabetes a qualifying condition.
Second, the ADA does not say that you have to be given the accomodation you want, or even the one your doctor recommends. It only has to be effective. For example, your employer might give you permission to eat at your desk while you work instead of giving you a meal break. Since your medical condition requires only that you eat, that would be reasonable. You can't MAKE them give you a meal break.
Finally, it is your responsibility to make sure they understand you are requesting an accomodation. Your telling them you are diabetic does NOT make them responsible for offering an accomodation. It can be considered discrimination for them to assume you need an accomodation without being asked.
So your best bet at this point would be to go to HR and to formally request an accomodation under the ADA. They ARE permitted to get medical confirmation from your doctor.