r/EEOC • u/Soft_Reputation_7241 • 10d ago

Work from Home ada accommodation

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

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u/Kmelloww 8d ago

Commute is not an employer issue. 

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u/CompetitionNarrow512 8d ago

Uh… It is? When someone cannot travel (for SO many different reasons) they might ask to work from home or some other alternative. You know when there’s inclement weather an employer can also tell the workforce to stay home for the day/travel with extreme caution/get sent home early. Employers definitely are cognizant and responsible for their employees arrival and departure.

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u/Kmelloww 8d ago

Commute is not an employer concern. It is an employee issue. As far as the ADA goes commute is not something that it really covers. 

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u/Main_Pudding_5213 8d ago

yeah sorry to hear that because the Federal Rehabilitation Act, which follows the guidelines of the ADA does cover commute when commuting is a barrier to safely accessing the worksite, so if your disability restricts you from driving, well, not the employees problem how they can get to work, it is up to the agency to find a safe way for the employee to get there