Upon returning from a requested FMLA, my Dr, requested I work 2nd shift as opposed to 3rd shift
Can my Dr request me to return from a FMLA on 2nd shift(in which I worked when I left) instead of 3rd shift, as this was part of my leave initially. I needed to be off as I was exhausted and anxious, basically a nerve leave. I had been working 2nd then switched on and off to 3rd shift which compounded the problem, as it was so tiring to come off of 3rd shift and try to get proper rest. My Dr requested when I return to work, for 60 days to return to 2nd shift.
1 answer | asked Jun 20, 2012 7:43 PM [EST] | applies to Ohio
Answers (1)
Your doctor can ask for or recommend a shift change, but the FMLA does not require the employer to provide it. The FMLA requires the employer to restore an eligible employee on qualifying leave to his or her position or one substantially similar to it. If your employer decides to restore you to your prior schedule, it has arguably complied with its obligations under the FMLA.
However, under the Americans with Disabilities Act and, to a lesser extent, Ohio's anti-discrimination law, an employer might have an obligation to alter your shift schedule as an accommodation to the limitations caused by a disability. To qualify for an accommodation, an you must prove that you have a "disability," that the disability creates substantial limitations, that you require a reasonable accommodation to overcome those limitations, and that the shift change is a reasonable accommodation that does not place an undue burden on the employer. These are technical, legal standards, and some are difficult to meet, so it makes sense to consult with an employment lawyer before you make your request for an accommodation.
posted by Neil Klingshirn | Jun 21, 2012 06:57 AM [EST]
However, under the Americans with Disabilities Act and, to a lesser extent, Ohio's anti-discrimination law, an employer might have an obligation to alter your shift schedule as an accommodation to the limitations caused by a disability. To qualify for an accommodation, an you must prove that you have a "disability," that the disability creates substantial limitations, that you require a reasonable accommodation to overcome those limitations, and that the shift change is a reasonable accommodation that does not place an undue burden on the employer. These are technical, legal standards, and some are difficult to meet, so it makes sense to consult with an employment lawyer before you make your request for an accommodation.
posted by Neil Klingshirn | Jun 21, 2012 06:57 AM [EST]
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