Question about a work medical restriction

[1confused1]

Our on site doctor granted me a temporary medical restriction to “limit hours on site” and my manager denied it stating that my job and our whole group is on site and I need to get back. I have successfully been working from home since March 2020 and my reviews have been very good.

My question is, how can a manager deny a medical restriction and do you think there is anything I can do?

For some background, I have pre-existing conditions that put me at risk for Covid. I am vaccinated but the majority of my coworkers are not. I was trying to limit my hours on site until our vaccine mandate goes into effect in December.

[ssmjlm]

I would recommend going to HR for a reasonable accommodation.

[dove]

I would make a formal request for accommodations under the Americans with Disabilities Act. Reach out to your HR team, if you have one.

[Deleted]

Agree with the others about reaching out to HR. I would also ask for more concrete restrictions from the doctor other than just "limit hours onsite". That is pretty vague and leaves a lot to interpretation. Something like, onsite 18 hours per week, or, no more than 4 hours per day...something like that.

[kath16]

Oct 18, 2021 11:29:53 GMT -5 @sameoldstory said:

Agree with the others about reaching out to HR. I would also ask for more concrete restrictions from the doctor other than just "limit hours onsite". That is pretty vague and leaves a lot to interpretation. Something like, onsite 18 hours per week, or, no more than 4 hours per day...something like that.

agree, and this will likely be part of any sort of formal ADA request anyway

[litskispeciality]

Basically the same advice, and ask for an expanded note. My work had a vague "If you have a problem with getting the vax talk to xyz" You might want to find out who that person is, then explain this situation since it's also COVID related.

[definitelyO]

agree with working with HR re: ADA.
If you've been working effectively at home then the denial of your request could be deemed unreasonable. ie. your accommodation request should be reasonable and approved. I think there is some current litigation around this - but haven't researched.
I think if employees are not meeting adequate performance while working from home that could be a reason to deny the request.
I'd also ask the MD to get more specific vs. limited.

[spindle92]

People keep mentioning the ADA but unfortunately, a lot of covid issues do not fall under this.
I am currently on unpaid medical leave because of this.

[bears]

Whenever one of my employees needed a medical accommodation, it came through HR, not directly to me.

[dove]

Oct 18, 2021 12:56:33 GMT -5 spindle92 said:

People keep mentioning the ADA but unfortunately, a lot of covid issues do not fall under this.
I am currently on unpaid medical leave because of this.

She is requesting a reasonable accommodation based on a non-covid related medical issue. 

As an HR manager, I would have to consider this request because as definitelyO mention above reasonable vs. unreasonable. 

[spindle92]

Oct 18, 2021 13:07:39 GMT -5 dove said:

Oct 18, 2021 12:56:33 GMT -5 spindle92 said:

People keep mentioning the ADA but unfortunately, a lot of covid issues do not fall under this.
I am currently on unpaid medical leave because of this.

She is requesting a reasonable accommodation based on a non-covid related medical issue. 

As an HR manager, I would have to consider this request because as definitelyO mention above reasonable vs. unreasonable. 

But the reason she is asking for the accomodation is because of covid and the fact that others are not vaccinated.

I'm not arguing because I am in the exact same a similar spot, Im just saying it may not necessarily fall under the ADA.

[mustardseed2007]

I'm with you spindle92.

I'm not sure if it will make a difference for the OP but some things that are good for her:

1) It was the onsite medical doctor who suggested the restriction of limiting hours on site. The company is not entitled to know the underlying diagnosis but can ask for medical support of the restriction. In this case it sounds like a company doctor who gave the restriction so there is none of the usual "is this a real disability related restriction" type arguments here. Is that correct?

2) You have been working from home throughout the pandemic and you are asking to be able to continue through December. This is something you have been allowed to do for the past year and a half, so suddenly now saying it's an unreasonable accommodation may not hold water, particularly because it is limited as to time and you have been doing it for so long.

I agree with going to HR.

[dove]

spindle92 I'm sorry you are having similar issues. The problem with ADA accommodations and ADA in general is that there is no blanket guideline or even a regulatory entity. It is a very grey area. What one company may deem unreasonable accommodation, another may be ok with.

The Daily did a good podcast on it a couple months back. It doesn't exactly cover what we are discussing in this thread, but it gives a nice overview about ADA and how it is enforced.
www.nytimes.com/2021/08/08/podcasts/the-daily/americans-with-disabilities-act-sunday-read.html

[bex1973]

Agree this is an HR concern, not something the Manager should be deciding.

[1confused1]

Thank you all.

I started crying when she told me about the denial and was so distraught I couldn’t ask any questions.

I will contact HR, I think we even may have accommodation specialists, so I will try that route.

[spindle92]

Oct 18, 2021 14:02:46 GMT -5 1confused1 said:

Thank you all.

I started crying when she told me about the denial and was so distraught I couldn’t ask any questions.

I will contact HR, I think we even may have accommodation specialists, so I will try that route.

I had the exact same reaction with mine.
I'm sorry.