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Family Medical Leave Act/ADA/Reasonable Accomendation-North Carolina

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  • Family Medical Leave Act/ADA/Reasonable Accomendation-North Carolina

    I work for the state government. On December of 2004, I was involved in a vehicle accident involing a drunk driver, which was not my fault. My injuries from the accident were neck pains, severe mirgraines headches, and back pain. Since the day I went out on FMLA, i been out of work for 34 days over the period of 15 months. I went out on FMLA on March 20, 2006 and my doctor said that i can come back to work on May 21, 2006. My doctor had stated that i had some restrictions that were that i can't working night shift or rotating shifts due to debilitating frequent severe migraines headaches, which are exacerbated by irregular sleep cycles. However, I may work 2nd shift from 2pm to 10pm and that these restrictions are indefiuite. My employer was advised of this from the first day i went out on FMLA, but was readvised on a week before i was schdule to come back. The personnel HR officer had stated that do not come back to work till you hear from me on monday, so i can see if we can accommedate me. On tuesday, which is today, i had yet to hear from my employer, so i called them and they stated verbaaly that they can't accommedate me at all due to that they did not had any opening or any placed to put me at on day shift, which is from 8am to 5pm. Also she could not place me on 2nd shift due to that she can't say i would leave on time, due to how our facility run. I ask what were my opions and all she stated that she was going to sent a letter to my doctor asking for more information. I think my employer is playing a game on me due to that i was a whistle blower, due to that i blown the whistle on them with the EEOC for unlawful workplace harassment and Discrimination based on Race, Sex, Gender, and Disability, and voilating term of condition of Employement.

    i just wanted to know what is the procedure in this matter and what are my opions. Also why i can't be accommodated under the ADA like they had accommodated others. Example: Sgt. High had been doing alot of overtime but lately was told she can't work over at all, which this works from 2pm to 10pm. How can you accommodated this person from making any more overtime, but you can't accommodate me.

  • #2
    FMLA requires you be returnedto the same or equivalent position. If you are unable to do that, your employer need not allow you to return.

    If your condition rises to the level of requiring an accommodation under ADA, that is really a separate process. Your employer isn't obligated to give you the accommodation you desire, just one that will work. It is hard to say whether exempting you from shift rotation or night shift is reasonable. It isn't evidence of discrimination that they need a few days to review the options and what may work best. In fact, I'd be surprised if they could just jump in and change your schedule immediately. Getting more info from your doctor may be necessary and I see no reason to be suspicious of this.

    ADA doesn't require your employer create a job for you. If there are no vacancies on first shift, then they don't have to make one for you or transfer another employee to create one.

    I don't follow why your employer can't place you on 2nd shift or what this other person's accommodation is (assuming it is an ADA accommodation).

    I don't see where reporting to the EEOC has affected this at all. Nor is it clear when you reported this information.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Response to ElleMD

      i do understand the FMLA process after it was explain to me by the Labor department and not by my employer. The labor department had stated that this resonable accomedation does fall under ada. However due to the fact my employer had stated verbally that they can't accomendate me, even after stating that they were sending a letter to my doctor asking for more information. I understand that my accomendation might not be full fill all the way as it is written by the doctor. However, since management allready made a decision by saying verbally they can't accomendate me, it looks suspious after all management already do not like me since i blown the whistle. I do understand it may take sometime, but management should had stated that hey, we are reviewing all the information and that we will contiune you on FMLA till we get the information from your doctor to determine if we can accomenate you. This management is different than any other management i had ever work for. We had lost over 665 employees in a period of 5 years due to how management is treating it employees. All i had ask for is that i go back to second shift and be guarantee to be able to leave on time, which they can't guarantee due to a lack of respect they have for their employees who calls out of work.


      • #4
        If they weren't going to accommodate at all, they wouldn't bother asking for more info from your doctor. I think you are making too much of the way they are wording things. Sure it might have been better had they said thst they coul not accommodate you until they had the additional info, but that is hardly a crime. I can't speak to how they have treated others but in your case, it does not appear that anything improper is happening. They don't have to like you, they just can't discriminate against you and so far, I don't see any evidence that they have.

        If OT is required on 2nd shift and you can not do that, it may or may not be reasonable to exempt you from it. It is by no means cut and dry.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.