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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33075
Experience:  Began practicing law in 1992
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I was diagnosed with Mixed Connective Tissue Disorder in early

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I was diagnosed with Mixed Connective Tissue Disorder in early March. I have told my employers and a month later they have started saying that I am absent too much even though I have 80 PTO hours left to use for the year. I have told them the only accomodation that I need is time for my appointments which I am fine using my PTO for. However, they are still telling me that I am out "too much" and that they are putting me on 60 days probation. I have been out a total of 48 hours since 1/1/2013. Can they do this when I have PTO balance to use?

JD 1992 :

How many employees does the company have at your location or close by?

Customer:

19employees at 2 sites

JD 1992 :

What state are you in?

Customer:

Texas

JD 1992 :

The ADA can require that the company allow you to use your time for treatment but there is no clear cut line at when it becomes too much.

JD 1992 :

They don't have enough employees for FMLA to apply unfortunately.

Customer:

Yes I investigated that. I just don't know how they can say I am using too much when I have a lot of hours in my bank to use.

JD 1992 :

The ADA can provide some amount of protection but as I said there is no clear line that applies. You may want to consider having a local lawyer draft a letter for you and mention in there that you need to take your time off to get treated as a "reasonable accommodation under the ADA".

Customer:

That is what I will do then. Thank you very much for your answer.

JD 1992 :

I'm glad to be of assistance.

JD 1992 :

Talk to the lawyer about whether you would rather have the letter sent on their letterhead or come from you directly.

Customer:

Thank you.

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