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My employer is requiring me to provide documentation

Customer Question
My employer is requiring...

My employer is requiring me to provide documentation everytime I go to an AA meeting or take time of for my mental health. I have been approved for 2hrs off ea day, 5days per week since Jan 19, 2018. They they threatened to put me on a final. Now they are going to put me on a written & I have to flex out for my 2hrs meaning I have to work 2hrs on my own time to make up what I should be getting per my FMLA. Can they do that?

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

Just left a meeting with my manager & the OM

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

Yes I am at will. No union.

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

I'm a recovering alcoholic & I'm dealing with depression as well.

Submitted: 3 months ago.Category: Employment Law
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Answered in 9 minutes by:
3/29/2018
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,468
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I’m sorry to hear about your situation. Under the Americans with Disabilities Act, employers are required to provide their employees with reasonable accommodations. According to the U.S. government:

“A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.”

So, instead of making it harder, your boss should be making it easier for you to do your job by providing reasonable accommodations. Employers are allowed to require proof, but if he is doing this strictly because of your disabilities, then it is illegal.

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

An employer also cannot take negative employment action against an employee for asserting their ADA rights. During an application for a job, an employer can ask if you can perform the duties of the job with or without reasonable accommodation, but they can’t ask you about your disability. An employer can refuse to hire if the nature of the disability would pose an objective and unreasonable risk to the employee or others.

If an employee feels as if they have been discriminated against, then they can file a discrimination complaint with the Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one.

What other questions did you have for me today that I can help you out with:-)?

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