Skip to main content

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?

+ Read More

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.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


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.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer