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Reasonable accommodation: addt'l time to recover? Pennsylvania

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  • ElleMD
    replied
    What is reasonable also varies by company and one's position within the company. IBM can probably be a file clerk short for much longer than a company of 50 can be without the sole IT person.

    Leave a comment:


  • cbg
    replied
    A SHORT extension which will allow the employee to return to work and pick up all the essential functions of his position CAN be a reasonable accomodation IF the disability is covered under the ADA (not all or even most conditions for which you would take short term disabilty, qualify under the ADA).

    A long or indefinite leave has been found to NOT be reasonable.

    My lawyer's opinion of a SHORT extension is no more than six weeks.

    Leave a comment:


  • JimmyJazz4
    replied
    Originally posted by Beth3 View Post
    Yes, but do keep in mind that in the example given, the employer extending four or five months additional leave time after FMLA is exhausted won't be a reasonable accommodation, especially with no guarantee of a specific return to work date.
    The example was from the EEOC as an example of a reasonable accommodation. Why do you say it is not a reasonable accommodation?
    Thanks.

    Leave a comment:


  • JimmyJazz4
    replied
    Originally posted by Pattymd View Post
    Everyone is in several "protected classes". They can certainly ask and, if the condition meets the criteria of a "disability" covered under the ADA, the employer is required to enter into a discussion as to whether or not an extended leave of XX weeks is "reasonable". Sometimes it is, sometimes it isn't. If an employee is on a leave of absence, he is still considered employed, just inactive.

    I understand that. I have a disability due to which I've have been out of work since Feb. My doctor wrote a note to my employer May 18 stating I couldn't return to work until 8/3. I was wondering if that letter, which my employer accepted, could be considered a request for a reasonable accommodation (addt'l leave).

    Leave a comment:


  • Beth3
    replied
    Am I correct in interpreting this that if someone in a protected class needs more time than the FMLA 12 weeks to recover, they can ask for more time off, and if the employer allows it, then the employee may stay employed? Yes, but do keep in mind that in the example given, the employer extending four or five months additional leave time after FMLA is exhausted won't be a reasonable accommodation, especially with no guarantee of a specific return to work date.

    Leave a comment:


  • Pattymd
    replied
    Everyone is in several "protected classes". They can certainly ask and, if the condition meets the criteria of a "disability" covered under the ADA, the employer is required to enter into a discussion as to whether or not an extended leave of XX weeks is "reasonable". Sometimes it is, sometimes it isn't. If an employee is on a leave of absence, he is still considered employed, just inactive.

    Leave a comment:


  • Reasonable accommodation: addt'l time to recover? Pennsylvania

    I just read on eeoc.gov (http://www.eeoc.gov/federal/qanda-em...html#procedure) that one type of a reasonable accommodation for someone with a disability is(Section IV, Item 10)
    ..."allowing an employee to use additional unpaid leave after accrued leave is exhausted for disability-related needs such as treatment, recuperation, or training."
    The following example is then given: "Example 12: An employee who has exhausted his accrued leave and most of his FMLA leave requests several months of unpaid leave commencing March 1st for surgery and recuperation related to his disability. His treating physician estimates that he will be able to return in June or July, depending on the speed of his recovery. The agency determines that the length of leave requested does not pose an undue hardship in terms of expense or operations given the nature of the employee’s position and the agency’s resources, and grants the request."

    Am I correct in interpreting this that if someone in a protected class needs more time than the FMLA 12 weeks to recover, they can ask for more time off, and if the employer allows it, then the employee may stay employed?
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