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Asked for Job description with essential functions and havent received it after a month, when do they need to provide it to me?

Milwaukee, WI |

I was off work on short term disability due to ADHD, after a serious consulting a lawyer and a huge struggle, HR let me come back to work. It was suggested I ask for my job description, including my essential functions and whats expected to complete these functions. I asked for this two times. Its been 30 days and I have yet to receive it. However, HR did have the time to enter 5 of my vacation days into the system and she said I took vacation days when I was out om FMLA, receiving extended illness payments. I was not on vacation and told her this, she stated she needs to look at her notes and will get back to me. How can I get my job description and vacation time back. Is there a time limit for her to reply? Can she take my vacation time when I was on FMLA? Is this harassment?

Attorney Answers 2


It is not unusual for there to be some administrative disagreements with the employer about FMLA time calculations. Very likely those will be resolved. Such disputes seldom rise to the level of actionable unlawful harassment.

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If the employer's delay in communicating the essential functions of your position or providing the job description is preventing you from obtaining a reasonable accommodation for a serious health condition, then it may be in violation of state or Federal disability discrimination laws. As for an employer running vacation time while you were on FMLA, it is generally permissible under the FMLA. An employer's policies and practices may provide otherwise, so you will have to look at the employer's policies and past practies.

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