This is incorrect. Legal degree from Liberty ? Employer needs to show that the reasonable accommodation causes an unreasonable hardship. My office has been 100% telework for 5 years and was 60% 2009-2020. So, good luck with that. |
You need to have a reason for the reasonable accommodation. I’m a healthy 40 yr old who just had to return to the office after years remote. I’d love to save the two hours each day commuting and my reviews would show I have excelled remotely and no hardship would befall my employer if I stayed remote. Despite all that, I am shit out of luck now that my employer has ordered me back. Doesn’t matter that they couldn’t show a hardship because I can’t show a medical need for accommodation. Not Liberty, Harvard, actually, btw. |
but. isn't that kind of obvious, Harvard? You need a disability to qualify for a reasonable accommodation under the ADA (or in the case of the feds, the rehab act). |
Yes, but the PP I was responding to suggested it wasn’t by saying Al she needed to show was that she successfully teleworked and therefore the employer could never show telework would present an unreasonable burden to the employer. |
That's true. But if you have a medical inability to commute, and in-person presence is not an essential function, they are in fact required to accommodate you with remote work. That is the opposite of your claim above. |
That’s not the opposite of what I said above. And they would have to provide you a reasonable accommodation, not necessarily the reasonable accommodation you prefer. Now, in your hypothetical above, if you truly could not commute and there was no other form of accommodation that would allow you to work, then yes telework full time would be required. But there are relatively few people who are going to fall into that category, and those people are likely already to have an accommodation in place. For the people who have managed to commute in a couple of times a pay period over the last few years who are now saying they need an accommodation to not have to RTO full time, that’s going to be a lot harder claim. Even if some sort of accommodation may be needed (say allowing someone to work very odd hours to reduce the length and therefore burden of the commute), there are likely alternatives to staying home that would suffice. |
I am a supervisor and have not heard of a single person asking for this. You are arguing against a straw man here, why IDK. |
Then you clearly aren’t a supervisor in HR. |
Someone upthread insisted that post menopausal tinkling when you sneeze is a disability that must be accomodated by work from home because she bought a house 2 hours from the office or some such nonsense. It was downhill from there. |
You do know that feds can get their work done between the hours of 6 a.m. and 6 p.m. A woman could easily log in at 6, flex out at 10, get her hair done by 12 and log in, and then log out at 4:30 after completing 8 hours of work. With the expanded flexband from 5 a.m. to 10 p.m., flextime was even more generous. Feds work is tracked by computer, so they are not out here pretending to work. They are actually working, whether you understand their schedules or not. |
| Has anyone had a RA approved for metal health issues like anxiety, OCD, panic disorder? Prior to COVID we had 3x a week remote - that was policy in my office since I have been at the Fed 15 years. It made dealing with these disorders/disabilities so much easier. But with 5x RTO in person, I’m struggling mentally and having flare ups making it very hard to function. Wondering if a psychiatrist or psychologist letter would suffice? |
Two people in my office (both hired during COVID times) are doing exactly this. When 1-2 times a week became a thing, they sucked it up. Now 5 days a week and a 4 hour RT daily commute is a thing, they suddenly have medical issues. Too bad they are also at the top of the RIF list. |
| One of my co-workers lost her RA for asthma. Another kept his for major heart issues (including two heart attacks over the last 6 years). |
I appreciate the larger point here but don’t you have core hours? I had maxiflex at 2 agencies but still have core hours |
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I am confused by commuting issue. What does that have to do with the price of tea in China?
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