What is the name of your state (only U.S. law)? New York
I work in an office that is covered by the ADA. I have more than one condition that qualifies as a disability and my employer is aware of these conditions. Last summer I submitted documentation and was approved for intermittent FMLA. 2 weeks ago I requested a seat change to a quieter area as a reasonable accommodation. My email indicated that I was having difficulty concentrating and leaving work with headaches due to the chaos in my work area. The request was ignored. No response. A week later I followed up and HR suggested a few seats and asked for my feedback. I investigated and promptly replied that 3 of 4 of the desks were non starters as they were positioned in between the employee lunch room and a slamming exit door. I asked for clarification of the location of the 4th option. That was Monday. Again, no response. I emailed late in the day and asked the status. HR suggested that I use my PTO (paid time off) until they find me a suitable desk if I was having difficulty. How is using my PTO reasonable accommodation? Why should I be forced to use my PTO when I have asked for a seat change as a way to continue to work? Is it an accommodation if it is time I am already entitled to? And by the way, the company has downsized recently and there are literally dozens of empty desks. And is 2 weeks a reasonable amount of time to wait for HR/management to address my request?
Thanks
I work in an office that is covered by the ADA. I have more than one condition that qualifies as a disability and my employer is aware of these conditions. Last summer I submitted documentation and was approved for intermittent FMLA. 2 weeks ago I requested a seat change to a quieter area as a reasonable accommodation. My email indicated that I was having difficulty concentrating and leaving work with headaches due to the chaos in my work area. The request was ignored. No response. A week later I followed up and HR suggested a few seats and asked for my feedback. I investigated and promptly replied that 3 of 4 of the desks were non starters as they were positioned in between the employee lunch room and a slamming exit door. I asked for clarification of the location of the 4th option. That was Monday. Again, no response. I emailed late in the day and asked the status. HR suggested that I use my PTO (paid time off) until they find me a suitable desk if I was having difficulty. How is using my PTO reasonable accommodation? Why should I be forced to use my PTO when I have asked for a seat change as a way to continue to work? Is it an accommodation if it is time I am already entitled to? And by the way, the company has downsized recently and there are literally dozens of empty desks. And is 2 weeks a reasonable amount of time to wait for HR/management to address my request?
Thanks