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ADA-I have been reading on-line about this topic, I

Customer Question
ADA-I have been reading...

ADA-I have been reading on-line about this topic, I understand job Accommodation but at my employment our HR department is granting an employee ADA to protect her from excessive absenteeism. Job Accommodation I believe is to enable the employee with a disability to do their job not to allow them sick time off up to 3 days without providing medical documentation when they have a "flare up". Please advise

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Right now management has requested this be looked over by our legal department. I am so wanting to understand ADA, I deal a lot in my job with FML and this to me is how ADA seems to be administered by our HR department

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not belong to a union but the employee in question does

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

Submitted: 3 months ago.Category: Employment Law
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Answered in 4 minutes by:
3/28/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

An ADA accommodation can be to allow intermittent time off work to deal with flare ups. That is not outside the realm of what is normal in terms of accommodations. Even if this were not "required" as an accommodation, an employer may still choose to afford the accommodation to the disabled employee so as to avoid any possibility of litigation. This would be a strategic decision on the part of the employer and not an unwise one at that. In any case, it would not be something you could stop the employer from doing, nor would you be able to require your employer to apply the same policy to all non-disabled employees.

I hope this answers your question. If there is anything else I can do for you, just let me know. It's my pleasure...

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Customer reply replied 3 months ago
Thank you,
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

You are very welcome. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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