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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3814
Experience:  Contracts, Wrongful termination and discrimination
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This is about FMLA in TX. I work as a programmer analyst at

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This is about FMLA in TX. I work as a programmer analyst at a state agency. I had been on FMA for a disease that I have. My FMLA states no daytime or nighttime on-call duties. Because we are an IT shop the on-call duties are 24/7 one week out of every three or four months. When you are on call you do nothing else but fix batch or on-line abends. And since I got very sick when I was on-call the HR we had at that time had me fill out the FMLA paperwork and give to my doctor who is treating me for this disease, my doctor had requested that I be removed from on-call duties. I am doing the 95% of the work that is in my job description. On-call duties because the work can be very frantic and stressful are only 5% on my job description.

Recently there has been a brand new set of HR personnel and in my department one of my co-workers was promoted to section manager. He immediately made changes to the on-call duties and put me on permanent daytime on-call duties with no rotation off! So starting this week I will have been on-call for four weeks straight! When I went to this new HR I got no way the individual there told me in a meeting that my FMLA only covers nighttime on-call and that I did not have any workplace accommodation paperwork in my folder. She gave me the paperwork and told me that I had to fill it out and sign the release of medical information for my doctor and return to her. I did that and so last week Friday I get a phone call from my doctor whereby my HR is now saying that if I cannot do the daytime on-call then I am not doing my job.

I am not stupid I see what this new HR and my manager are trying to do. I am a 59 year old African-American female, who I feel are trying to get rid of me. I sent an email to the new head of HR a Dr. XXXXX XXXXX and I am supposed to see her at 10 am on Monday. I do not know what will happen I may be fired this week. I need to know if I have a case or not and what to do next to save my job. Please help.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question and I'm sorry to hear about your situation.

Before I can answer your question, I need to know what disease you have to check if it has been accepted as a disability under ADA law.

The reason is that I believe that your employer is not using the correct terminology when it comes to this issue. The FMLA (Family Medical Leave Act) gives an employee the right to up to 12 weeks off each year for a serious medical condition. It does not deal with accommodations. Rather, accommodation for medical conditions are granted under the Americans with Disability Act. Accordingly, this is why I need to know more information about your disease.

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.

The disease is Sarcoidosis.

Expert:  Zachary replied 1 year ago.
Thank you for your response. Sacroidosis is a recognized disease under the Americans with Disabilties Act.

Your HR and Managers refusal to allow you with a reasonable accommodation that was approved by your doctor is binding unless your employer demonstrates that it causes an unreasonable hardship on it. There has been no such demonstration. Rather, your employer has actively discriminated against you. You also hint that there might be some discrimination against you based on your age and your race.

Accordingly, you are protected under several laws from their actions. The most appropriate thing to do at this time would be to file a discrimination claim with the Equal Employment Opportunity Commission. A claim may be filed by contacting the local EEOC office and requesting an appointment to file a claim.

The EEOC will launch an investigation and will require that your employer agree to provide you with the reasonable accommodation that you have requested unless they can demonstrate an unreasonable hardship would result if they granted you the accommodation. In this situation, I cannot imagine how they would be able to do that.

Please let me know if you have any questions about this. Please also consider rating my answer positively so that I am compensated by the website for my work on your question.

Thanks,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3814
Experience: Contracts, Wrongful termination and discrimination
Zachary and other Employment Law Specialists are ready to help you
Expert:  Zachary replied 1 year ago.
Again, please let me know if you have any remaining questions. Please also rate my answer positvely, as I am not paid for my work at all until you do so.

Thanks,
ZDN

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