After speaking with my boss about 3 weeks or so ago. I was told that one of my accommodations was additional breaks when needed. He also mentioned since we work on a point system, I would not occur any points if I called off,came late, left early, etc due to my condition. All I had to do was call our sick line.
I noticed the day he left for a leave of absence, I have 3.5 points (1 for full shift. .75 and a .25 for coming in late or early. ) I called the sick line each time (the other remaining points are unrelated.)
So, my question since we have a no fault policy, is the policy automatically modified for those who have an ADA accommodation on file with HR? That is how I was understanding the EEOC guidelines.
And if they are not willing to remove points, what do I do next?
Are you eligible for FMLA intermittent leave time? That might be the best way around this issue.
I agree- either FMLA intermittent leave or you could hire an attorney on an hourly basis to address these issues with the employer.
Employment / Labor Attorney
I agree that intermittent FMLA leave could be a solution to this issue if your employer has enough employees and you fulfill the length/hours worked requirements of the FMLA. If your employer retaliates or interferes with your right to FMLA (assuming you are eligible) you may be in a position to take legal action. If you do not qualify for FMLA, you could request an accommodation.
I would also speak with HR regarding the points on your record and FMLA leave.
Regardless, you may want to contact an employment attorney. Many law firms, including my office, provide free consultations.
Matthew J.P. Coffman
This information above is provided for informational purposes only and should not be construed as legal advice. If you have questions about your individual circumstances, please consult with an attorney. Please feel free to contact the firm. However, contacting the firm does not create an attorney-client relationship.