FMLA-ADA Concern ? Unclear Of Solution

[lost8305]

What is the name of your state (only U.S. law)? Florida
Recently I filed for FMLA due to a vision problem, two days prior to applying I was given a verbal conversation concerning excessive amount of time to complete projects on the computer, I explained to my manager my vision problems as the reason and he seemed to be understanding with no formal documents being issued, I have since been to the Dr. and indeed placed on FMLA due to vision problems, yesterday I received a verbal warning that I had spent to much time again on the computer completing a report and even ask assistance from my co worker to complete, this incident took place last week with no mention or question as to why, when I questioned why the elevated disciplinary action my manager stated the previous conversation was placed on an information form but I was not presented that form to acknowledge.
My question is have I been treated unfairly due to my condition since my manager was made aware of my condition during the initial conversation 4 weeks prior and was not granted reasonable accommodations? When I protested the write up and signed it, he then said if I need help I could delegate it out.
What would be my best course of action? I can not afford to be fired and I'm concerned I'm not being given my full rights under these conditions.
Happy to provide additional details if needed.
Thanks
Lost8305

 

[justalayman]

What is your actual medical condition?

Is your employer aware you have a diagnosed disability?

Have you requested an accomodation due to your disability?

Just what sort of accomodation do you believe would be proper and adequate given your disability?

 

[cbg]

Making your employer aware of a medical condition does not automatically invoke the ADA. Do you understand the difference between FMLA and the ADA? They are two separate laws with two separate purposes, but a lot of people confuse what is covered under which.

 

[lost8305]

What is your actual medical condition?
Is your employer aware you have a diagnosed disability?

Have you requested an accomodation due to your disability? Just what sort of accomodation do you believe would be proper and adequate given your disability? .

Yes
Loss of Partial Vision Right Eye (Azoor)

Yes, during the first conversation and I have mentioned it several times the computer is the only area I have trouble doing my job with, basic duties are fine it is intense reports and gathering information that takes me longer

I was told after the written verbal warning I could delegate the tasks, or if I was just given a little more time to complete

 

[lost8305]

Making your employer aware of a medical condition does not automatically invoke the ADA. Do you understand the difference between FMLA and the ADA? They are two separate laws with two separate purposes, but a lot of people confuse what is covered under which.

Yes, I am fully aware of the difference, and I ask for reasonable accommodations, by telling him I needed more time on the computer to complete projects based on my vision.

 

[Zigner]

Yes, I am fully aware of the difference, and I ask for reasonable accommodations, by telling him I needed more time on the computer to complete projects based on my vision.

Giving you more time may not be a reasonable accommodation.

 

[cbg]

Yes, I am fully aware of the difference, and I ask for reasonable accommodations, by telling him I needed more time on the computer to complete projects based on my vision.

Did you say, I am looking for a reasonable accommodation under the ADA and I would like it be be additional time on the computer, or did you say, I want more time on the computer due to my vision, and assume that counted as a request for an accommodation because the employer was allegedly aware of your condition?

 

[eerelations]

Did you say, I am looking for a reasonable accommodation under the ADA and I would like it be be additional time on the computer, or did you say, I want more time on the computer due to my vision, and assume that counted as a request for an accommodation because the employer was allegedly aware of your condition?

OP, exactly how you worded your request is very important.

 

[justalayman]

.

My question is have I been treated unfairly due to my condition since my manager was made aware of my condition during the initial conversation 4 weeks prior and was not granted reasonable accommodations? When I protested the write up and signed it, he then said if I need help I could delegate it out.

the timeline isn't real clear but what it looks like to me is;

you were warned about taking too much time on the computer

you went to the doctor to have your eye checked out and you do have an medical condition that would likely be classified as a disability


you were then warned again about the time on the computer issues.

you then protested the warning and you were provided an accommodation by being allowed to delegate the duty to others.


Is there something incorrect there? If not, then I'm not seeing the problem. You do not have to be provided accommodations until:

1. you have a disability that qualifies
2. you request an accommodation


when you informed your employer of your condition and asked for an accommodation, it appears you were granted an accommodation.

 

[lost8305]

.
the timeline isn't real clear but what it looks like to me is;

you were warned about taking too much time on the computer

you went to the doctor to have your eye checked out and you do have an medical condition that would likely be classified as a disability


you were then warned again about the time on the computer issues.

you then protested the warning and you were provided an accommodation by being allowed to delegate the duty to others.


Is there something incorrect there? If not, then I'm not seeing the problem. You do not have to be provided accommodations until:

1. you have a disability that qualifies
2. you request an accommodation


when you informed your employer of your condition and asked for an accommodation, it appears you were granted an accommodation.

Okay, let me give a more detailed time line...9/24 loss of vision occurred, first day I discovered and issues on PC, 9/25 Day Off was called by manager asking as to why I was on PC an excessive amount of time, I explained my condition and advised I was seeking medical attention, (nothing was mentioned as this being a formal conversation nor was it documented, if it was documented I was not presented) 9/25 and 9/26 doctors appointments, advised to take 3 days off by doctor...9/29 applied for FMLA, 9/30 returned to work...10/3 doctor visit and FMLA papers completed...returned to work and missed a minimal amount of time hour here and there...
10/29 report due, I complied report as directed and completed by deadline...nothing was mentioned until 11/4 about the excessive time on PC until I received the written verbal warning, I'm unclear how you feel I was given the accommodation? I was not advised I could delegate until after the fact I had received a write up...let also mention that the manager involved has not documented other staff on such things as tardiness, call outs, no shows, etc. now I hate to also mention that but to me it's also a sign all are not treated the same and I'm being treated different it may not even be relevant but I wanted to put that out there as well.
Thanks
Lost8305

 

[cbg]

At what time did you formally request an accommodation? As I told you above, your employer being aware that you have a medical condition is NOT enough to trigger the ADA. I am not seeing anywhere in your timeline to suggest that you have invoked the ADA at all. FMLA does NOT require an accommodation or anything but leave. Not all conditions that qualify for FMLA also qualify for the ADA - not all conditions that qualify for the ADA also qualify for FMLA.

 

[lost8305]

At what time did you formally request an accommodation? As I told you above, your employer being aware that you have a medical condition is NOT enough to trigger the ADA. I am not seeing anywhere in your timeline to suggest that you have invoked the ADA at all. FMLA does NOT require an accommodation or anything but leave. Not all conditions that qualify for FMLA also qualify for the ADA - not all conditions that qualify for the ADA also qualify for FMLA.

During my entire time working with this condition, I have ask and mentioned several times that I need additional time to accommodate me during this
condition as I also do the schedule on the PC and I mentioned to my manager it would take me more time. My request is much like this example from the EEOC poster in our backroom at work.

When an individual decides to request accommodation, the individual or his/her representative must let the employer know that s/he needs an adjustment or change at work for a reason related to a medical condition. To request accommodation, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation."(19)

Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." This is a request for a reasonable accommodation.

 

[cbg]

That's all very well in theory. But in practice, it's usually best to make it clear to the employer that you are invoking the ADA. Because you know what? Employers are TAUGHT not to assume that an accommodation is needed unless it is asked for. It can be a form of discrimination to make such an assumption.

 

[lost8305]

That's all very well in theory. But in practice, it's usually best to make it clear to the employer that you are invoking the ADA. Because you know what? Employers are TAUGHT not to assume that an accommodation is needed unless it is asked for. It can be a form of discrimination to make such an assumption.

Okay with that being said...
My question is have I been treated unfairly due to my condition?
What would be my best course of action?
I do not want issues like this coming up again, and I have a negative document in my file, had I thought I would have written my objection on the write up.
It's immensely stressing now at work between myself and manager as he has misled me in his so called "offer to help you", I have had issues in the past with being singled out and it seems that is still the case.
So what happens if I file an EEOC claim? Do I call HR?

 

[tranquility]

The employer's duty is to have an interactive process when there is a claim of disability that might require an accommodation. It seems like there have been some discussion on the matter with the employer, but, has there been a back and forth? It seems the OP is making the usual error of demanding a specific accommodation. I wonder if the employer has made any good faith effort to "discover the precise limitations and types of accommodations which would be the most effective" as it seems like there has been some feedback on the issues.

Also, as a final issue, is this a disability? In quick searches, it does not seem to be listed much in association with reasonable accommodations or ADA. I suppose it depends on how substantial the deficiency is. Because of this, before getting into a big fight, I would suggest the OP push for a full interactive process with his manager regarding the issue. I don't think he is anywhere near making a claim of discrimination yet.