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My daughter is undergoing cancer treatment. Her employer…

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My daughter is undergoing...

My daughter is undergoing cancer treatment. Her employer provided her with equipment for her to work from home in order to make up her hours. She has emails stating that as an agreement with her employer and she has already worked from home on at least one occasion. She is now undergoing surgery for an appendicitis and they are telling her that she will need to start her short-term disability after her surgery. Her oncologist has stated that she is able to work from home on a full time basis. There was also an email that was sent out company wide telling everyone to clean their work areas because so many people have been getting sick and not going into work. What are her rights?

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

With both HR and a manager.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will and hourly

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

She is 29, has been exercising almost daily from the start and has her treatment accelerated because of her body's great response to the treatment. The surgery is "scope" surgery, day surgery and she is schedule to be released tomorrow, with one week for recovery. Her oncologist stated that she is on track for her next chemo treatment next Friday because she is responding in a positive manner. Her Infection doctor also stated that the appendicitis has nothing to do with her cancer/chemo, that it is the luck of the draw, many people in her age range have this occur. Her brother had this happen at the same age 2 years ago.

Submitted: 2 months ago.Category: Employment Law
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Answered in 8 minutes by:
5/25/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,559
Experience: Significant experience in all areas of employment law.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

I am very sorry to hear about your daughter's medical situation. Under the Americans With Disabilities Act, she is entitled to "reasonable accommodations." This means any sort of accommodation that would allow her to perform all the essential functions of her job while not imposing undue hardship on her employer. Clearly a partial work-from-home arrangement is reasonable as her employer has already provided her with the necessary equipment for this, and occasionally working from home is also unlikely to pose serious problems. Working from home 100% is a bit different, though. For many employers this will cause undue hardship because a lot of jobs require face-to-face contact and a lot of employers believe they need to have their employees in physical proximity in order to effectively manage them.

Your daughter would need to make the case that 100% work from home will not impose undue hardship. Factors that will help her make this argument are (1) whether there are any aspects of her job which truly require her to be in the office; (2) whether OTHER employees are allowed to work 100% from home; (3) how long she will need to work 100% from home (the shorter being better).

Ultimately if she is denied 100% work from home as an accommodation, she can file a complaint with the EEOC, which is the agency that enforces the ADA. The EEOC will investigate your daughter's claim and attempt to mediate a resolution with her employer. That not forthcoming, they will issue her a "right to sue" letter, which will enable her to pursue a lawsuit with the assistance of a local employment attorney.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

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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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