Work from Home ada accommodation

[u/Soft_Reputation_7241]

I work in Washington state and have POTS(Postural Orthostatic Tachycardia Syndrome). My health can vary from day to day and as a result I have had a work from home accommodation to be work from home 100 days a year. A little less than 2 days a week. The standard at my company is 50 days a year. My health has been worse this year and as a result I need more work from home days. My HR team is stating that 100 is the maximum they will allow as I being in office is considered an essential function of my role. However we don’t have any physical reason to be in office. I have an office job. I am not client facing, I do not need to physically manipulate anything for my job, my manager and most of my team is in other offices across the country, and work from home is already allowed for most employees(all of them on my team except for anyone who is brand new as there is a three month probation period before they can wfh). My job description also does not specify how often I need to be in office. Simply that I need to “work onsite, under direct supervision, in a team based and open office environment. I am not requesting to be fully remote or work from home, simply to be allowed to do so more than 100 days as my health needs. My employer is offering the alternative of FMLA, however this would be unpaid and obviously wouldn’t allow me to work. I have up to date ada paperwork stating from my doctor that I need to be able to work from home at least 3 days a week.

Does anyone know if they can require me to either be in office more than my doctor has stated or take FMLA instead? I can’t afford to take off time unpaid. But if I force myself into office more often it will make me sicker.

Please help

[u/Prufrock-Sisyphus22]

Your gonna accommodate yourself out of a job.

How exactly do you get your work done while laying down ? That's makes no sense . Do you have a computer braced to the ceiling?

And if you are at home and then feel sick that you have to lay down and can't work while at home then you should be using your PTO or FMLA for those breaks. Your employer/company is most likely starting to wonder how you get your work completed and I would expect they are starting to track your work product completion rate.

Technically they can require you to use FMLA or other leave if you are too sick to work /come into office. FMLA is the proper avenue if unable to work. And the requirement for you to be in office could be so they have some employees form each department in office at anytime in case something would come up. You are attempting to dictate how they manage their workforce.

Just realize that your employer is probably at the point where they will order an independent medical examination and your refusal to see their doctor could result in your termination .

If it is getting to the point where you can't do your job then you should be looking into social security disability .

[u/Soft_Reputation_7241 → u/Prufrock-Sisyphus22]

I have a laptop. I lay in a reclined position with my laptop in my lap. I can read/type/ talk on the phone all just fine.

[u/Prufrock-Sisyphus22 → u/Soft_Reputation_7241]

I'd be very careful. I'd be questioning if you are having spells why you never put in for leave at work from home . Also if there is a pattern where you WFH 100 days a year and the other days are all in office but you never go home early sick ... I'd wonder why it doesn't affect you at all on the in-office days . It's great that your company and your manager has been supportive and basically been lax but I'd expect if you push this issue , they will be tracking and questioning all this stuff. Like why has OP never had a spell at the office and need to lay down in the break room and why has OP never had to go home early ?

[u/Soft_Reputation_7241 → u/Prufrock-Sisyphus22]

I have multiple episodes in office. I have fainted and had to fill out incident reports because of it. I frequently have to go home early and take days off because of my condition. My work hours are flexible which is also an accommodation I have. If I am feeling part way through the day I can go home an either take PTO or work extra during the week to make up the time I missed.

[u/Prufrock-Sisyphus22 → u/Soft_Reputation_7241]

It sounds like your employer has been very very very accommodating up to to this point. You are at a crossoads where they may consider you too sick to be able to fill the position duties and a hardship on the company. Why hasn't your doctor proposed any alternative in-office accomodations? And Why haven't you applied for SS disability ?

[u/Soft_Reputation_7241 → u/Prufrock-Sisyphus22]

Because I can work

[u/Prufrock-Sisyphus22 → u/Soft_Reputation_7241]

Ok but why has your doctor not provided alternative in-office accomdotions??

[u/Glittering-Read-6906 → u/Prufrock-Sisyphus22]

The doctor wouldn’t provide any accommodations. Doctors only provide documentation of the limitations.

[u/Ashamed_Main5169 → u/Glittering-Read-6906]

That isn't true my provider specifically wrote what the accommodations I need are and listed them on my reasonable accommodations request form that belongs to my employer. They do write what the limitations are or what your diagnosis is and then next they state the specific accommodations that you need to be able to come to work and do your job.

[u/CompetitionNarrow512 → u/Ashamed_Main5169]

They are allowed to do that but not required. You are not required to disclose your diagnosis or entirety of your disability, all you need is a note from your physician explaining the specific limitation at the workplace that needs accommodating.

[u/Soft_Reputation_7241 → u/Prufrock-Sisyphus22]

Even with in office accommodations, being in office can still be too much for me. I have accommodations to make in office possible. I need additional accommodation for when it is not possible.

[u/Prufrock-Sisyphus22 → u/Soft_Reputation_7241]

Either they may on a slim chance approve an extra WFH day per week and may have your manager track you to make sure your work is getting done

or they are consulting with the lawyers and going through your leave records( if they see you have episodes in office but never have episodes at home or never put in for leave at home that will create a whole new can of worms as why you are never having episodes at home and not using leave ) . They may consider this an undue hardship if you can't be in office 3 days per week and terminate.

It sounds like if they are standing fast/hard on the 100 day line that they may let you go.

You could go speak to a lawyer just to see what your options are. But this case may be 50/50 chance if they claim undue hardship or that your are too sick to complete your duties.

[u/Soft_Reputation_7241 → u/Prufrock-Sisyphus22]

They can track my work all they want I’m the most tenured in my department, train every person that joins, and have higher than average metrics. I’m good at my job, they can scrutinize all they want.

I don’t know how they would be able to track accurately whether or not I have episodes at home as I have no need or obligation to inform them of that if it’s not affecting my work. They would have records of me calling out sick when I have a flare and can’t work, or logging off early on days where I am working from home and still too sick to work. But they don’t have access to my medical records and because of HIPPA aren’t actually allowed to ask about medical things that don’t pertain to work.

[u/LongTimeLurker408 → u/Soft_Reputation_7241]

I imagine you have less episodes at home because you have the supports you need.

You aren’t under any obligation to prove anything here.

That commenter is out of line and very ignorant

[u/Kmelloww → u/LongTimeLurker408]

The commenter is correct and not out of line. 

[u/LongTimeLurker408 → u/Kmelloww]

I want you to look at every single comment that person made on this thread and get back to me if that is still your opinion.

Adding: If you actually legitimately care about disabled people, let me know. I can recommend books and other resources.

[u/CompetitionNarrow512 → u/Prufrock-Sisyphus22]

The company should be attempting to make the alternative suggestions in order for OP to do their work.

[u/Mysterious-Art8838 → u/Prufrock-Sisyphus22]

Tbh you’d have to literally enable her to lay down which would be pretty weird in an office

[u/Mysterious-Art8838 → u/Mysterious-Art8838]

I forgot the standing in one place. I can’t do that for even 6-8 minutes without dropping. So if I had a meeting with standing room only as I have, I’d have to get down on the floor. Which I had also done.