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Assigned shifts, medical conditions

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ydnarnuke

Junior Member
What is the name of your state (only U.S. law)? Maine


I know that question may be confusing and I hope these details clear it up better

I work for a call center, and as such the call center is split up into teams and shifts. Starting in December of 2015 I was restricted from driving on a temporary basis due to the medical condition. The doctors cleared me to the point to return to work with restrictions in January of 2016. Because of the condition I have been dealing with which results in passing out and being unresponsive, I worked for 2 days, but had a request in to ask for my schedule to be changed so I can meet the needs of getting a ride into work. I live in a rural area from the city where my job is located and it takes about 30 minutes one way to get in so I can just hop a bus. They agreed and in writing gave me an email stating that they approved my schedule change until March of 2016.
After working 2 days I had recurrences that were not able to allow me to perform my job so I took a leave of absence and returned to work in April of 2016, when I returned though I had restrictions I could still perform my job, however the key component was that I still can not drive (nobody wants a guy driving and passing out) After making a request for an alternate schedule again due to the medical condition leading to the fact I can not drive, my employer agreed to give me an alternate schedule and included my doctor also filling out paperwork documenting my issue, my safety at work, and the ability I can not drive. It is clear that it is temporary but in the meantime these restrictions must be in place until I am cleared by all the specialists I see on this condition. However, this time around nothing has been given to me in writing except for verbal consent and confirmation. It is documented in the system I have an alternate schedule.
As of recent between HR and my Supervisor they are forcing me to take a path that involves choosing a shift, working it and the fact that I been told I can not drive due to a medical condition is not an acceptable reason to have an alternate work schedule, yet has gone as far as agreeing to giving me an alternate schedule, they are telling me I need to start thinking about what shift I am going to work because even though I have a medical condition and even though for the time being I can not drive, I have to pick a shift and somehow be expected to show up.
For tidbits my schedule I requested has a start time of 8:15am, the closest team starts at 7:50am, my shift has a 30 minute lunch, ends at 4:45, while the team has an hour lunch and ends at 4:50 and only one of my days off, differs from the rest of the team. I don't feel I am being too absurd with my request they at one point seemed fine with (twice)
I would like to know if my employer under these circumstances is able to lawfully do this? I have had this job for nearly 2 years and enjoy it, but I feel it is not right to do this to me. I am a reasonable person and if I said I couldn't drive because my car won't start, I wouldn't expect my employer to make a schedule change as a result. There seems to be more focus on the fact that I can't drive, not why I am temporarily restricted from driving.
 


cbg

I'm a Northern Girl
Because your condition is temporary, the ADA does not apply and they are not required to accommodate you.
 

ydnarnuke

Junior Member
Because your condition is temporary, the ADA does not apply and they are not required to accommodate you.
Thank you, but do I have any options, considering they have twice already accommodated the request and at one point acknowledged they are accommodating a disability in writing?
 

cbg

I'm a Northern Girl
If you are asking whether there are any laws that will force them to provide an alternate schedule, no, there are not.
 

ydnarnuke

Junior Member
Alright, my last inquiry, if this turns out to be a permanent issue (which is possible from what I was told as common methods are not resolving this after we conclude one more test next week) does that change anything?
 

cbg

I'm a Northern Girl
IF it turns out to be permanent, then it is POSSIBLE that the ADA may apply. IF the ADA applies, the employer will need to provide a REASONABLE accommodation, which could be BUT DOES NOT HAVE TO BE providing an alternate schedule. Even under the ADA, the employer does not have to provide the accommodation you want or even one that the doctor recommends; only one that works.

The problem here is not that you need an accommodation to do the job, which is what the ADA covers. The problem here is that you are having trouble getting to work. That is not the employer's responsibility to fix. EVEN IF the ADA applies.
 

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