Q: Can an employer deny my doctor's request for limited hours?
HR and Employee Relations have had to intervene on my behalf back in Dec and Jan due to my boss retaliating against me by giving me additional work not given to the rest of the team. It's a long story, but eventually my stressful work environment took it's toll and I had an anxiety attack followed by a miscarriage. My doctor wrote me out for 4 weeks; I filed for FMLA and STD. My return to work date was 3/5 but my doctor requested I only work 4 hours/day for the next two weeks and ease back in gently. Today I was told that my doctor's request is being reviewed to ensure they can meet these accommodations. My boss will be part of the team making the decision. I am worried that her history of retaliatory behavior towards me will continue and I will be denied. If I am denied, what are my next steps? What happens if I am denied?
A:
In general, yes your employer can deny the doctor's request. If you are covered by the Americans With Disabilities Act, the employer has a duty to consider reasonable accommodations for your condition (with or without a doctor's note). The decision on whether the employer has a duty to grant an accommodation request is assessed on a case-by-case basis. If the accommodation is not reasonable or places an undue burden on the employer, then there is no requirement it be granted. However, if this is a situation where you need to miss time away from work, and you still have some time under the FMLA available, you can use FMLA time to substitute for time you cannot work. So, as an example, if you need to only work 20 hours per week for 2 weeks, you can take 20 hours of FMLA time each week to cover until you run out of FMLA time (assuming a 40 hour workweek).
If you are denied the accommodation, and are fired because you cannot work the hours the employer requires, you may have a claim for wrongful firing which you should discuss with an experienced employment attorney. Whether you consult with an attorney or not, you would need to file a charge with the EEOC alleging a violation of the Americans With Disabilities Act.
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