Problem at Work-Reasonable Accomodation Issue at W... - Page 3

qbetzforreal · ‎08-28-2010

Reasonable accomodation would not include you getting an extra telework day to attend physical therapy. I'm a government employee (not federal) as well and telework means you're at home working not to attend medical appointment.

I do agree with the other posters to follow policy and procedure.

Eileen in Virginia · ‎08-25-2010

@Drythe wrote:
accommodatingMonday morning first thing,

CALL THE PERSON YOU WORKED WITH FOR YOUR RA
TELL them that you are not clear what is going on and that during your discussion with your supervisor, he gave you some suggestions which were not clear.

REQUEST THAT THEY SET UP A MEETING WITH THEIR REPRESENTATIVE, YOUR SUPERVISOR & yourself to clarify everything, ASAP!

Sorry, to yell, but Been There, Done That, it can go horribly wrong, especially when dealing with someone who is already Involved in an EEOC suit.

Do this to protect your rights, and the acomodation for which you have already been approved.

This is good advice. It sounds as though your supervisor doesn’t really trust employees in general to work when they’re teleworking. Furthermore, he seems to have a problem with your need for an extra telework day for pt. This would be somewhat understandable if you were a malingerer, however, the fact that you’ve received outstanding performance appraisals indicates that any mistrust of you is undeserved.

You have a physical problem which has been diagnosed by your doctor and for which he’s prescribed a specific course of action. This has been reviewed and approved by your RA office. Since your supervisor doesn’t seem to understand that it’s just down to working out the logistics at this point, the meeting @Drythe mentioned is the perfect opportunity to clear up any confusion in an impartial setting with an impartial witness. From a physical perspective, delaying your pt sessions could exacerbate your back problems. Delaying implementation of the RA plan could jeopardize your rights - i.e., you were approved, but you chose not to take advantage of the office’s willingness to accommodate your needs in a timely manner.

From this point forward, try to use email as much as possible so you have a record of your attempts to work out an implementation plan. If you think it’s necessary, cc or bcc the RA officer on the emails. Take good notes whenever the 3 of you meet. After the meeting, write up a summary of your notes and send it to the others to make sure they agree and that everyone’s on the same page moving forward. If anyone disagrees, ask them what they understood, again, copying all parties on the interchanges. If your supervisor asks why you’re doing this through email, just say you want to make sure you’re all in agreement and email’s the simplest, quickest way to do that.

Even if you had a union in your organization, I don’t think they’d be the appropriate means to challenge your supervisor’s hesitation to accommodate you. If you and the RA officer can’t make him see the light, your notes (which clearly indicate meeting dates and times, attendees, discussion notes, etc.) and summarization emails would serve as documentation in an EEO complaint based on discrimination on the basis of your physical disability. Hopefully, your supervisor will realize that your request is an attempt to continue to provide outstanding service, despite the fact that you’ve got a physical challenge at this time. Furthermore, any reprisals at a later date would be foolhardy. Good luck!

Eileen in Virginia · ‎08-25-2010

@qbetzforreal wrote:
Reasonable accomodation would not include you getting an extra telework day to attend physical therapy. I'm a government employee (not federal) as well and telework means you're at home working not to attend medical appointment.

I do agree with the other posters to follow policy and procedure.

In the Federal sector, teleworking to facilitate participating in pt can be part of a reasonable accommodation agreement. The employee can perform their work at home around the pt session, working when they would otherwise be commuting, as well as before and after the pt session.

Drythe · ‎07-09-2011

@qbetzforreal wrote:
Reasonable accomodation would not include you getting an extra telework day to attend physical therapy. I'm a government employee (not federal) as well and telework means you're at home working not to attend medical appointment.

I do agree with the other posters to follow policy and procedure.

@qbetzforreal

OP has already been approved for an extra day.

She needs to clarify with the person who approved the RA, that her Supervisor is offering her options other what was authorized, and what further steps need to be taken to implement it correctly.

I’m guessing that if she takes Supers ‘offer’ it will quickly be recinded, or she will be faulted for not taking it as approved.

"Animals are not my whole world, but they have made my world whole" ~ Roger Caras

Ketra · ‎02-16-2018

@Happiness Is Inside JOB wrote:
I want your opinion and idea how to handle a work issue. I requested a reasonable accomodation at work. I am a federal employee. I submitted my request through the correct channels.

I went to the doctor, the doctor completed the required paperwork, and the note indicating that I have a back problem and he outlined a series of things including an additional telework day, physical theraphy, and other things. I submitted the paperwork via the reasonable accomodations section of the Office.

A few weeks later, I received a letter from the RA Office that my request was approved. In addition an email with the letter was sent to my supervisor. It is my understanding that, once you talk to your supervisor, the RA Office prepares an agrrement of all parties to sign with start date/end date/ signatures etc.

Here is where the drama begins...

My supervisor never contacted me to discuss the matter. After two weeks went by I sent him an email indicating, attached is the RA Letter, I am approved, can we meet to determine a plan of action.

The furlough occured. Then about 1 weeks ago, he asked to meet with me to discuss. I specifically did not go into a lot of detail.about my back issues. HE wanted to know the details of my back issue but I was vague. I did follow the doctor's letter and indicated that I need to attend physical therapy.

WELL....

That was that, at the end of the meeting he said he needs to talk to other supervisors in leadership. NOTE, during the meeting, he made comments about people having other businesses, being on facebook when sick, etc. ....which I did not comment but i have always been an excellent employee and received outstanding performance.

SO YESTERDAY evening he comes to my desk at 3:45 pm and says you can start teleworking the additional day, we aren't going to go thru the RA Office, He asked did I call to make my physical theraphy appointments. I said no, I did not know I was approved. So then he said something along the lines of....well if you don't start now and if you want to start in 6 weeks...I can't approve it.

WHAT!!!

SO I did not say anything. I just said I would call the physical theraphy office.

Sidecomment - I don't want my telework day solely connected to Physical therapy. Other employees are teleworking for pain, length of commute, a series of things...so I don't want mine connected to PT.

Now that I'm thinking about this, I want to go the official RA route as I started. His comments lead me to believe their will be drama in the future, if not even full cancellation.

As a sidenote, there is another lady in the office, who they "LIKE" and they are allowing her to telework more days. THere is an EEO Case on their actions towards this person. SO if they let me telework without the RA agreement they can say they are not giving preferencial treatment to the other employee.

I can't confirm this but I know there is more to this request that I don't go via RA.

How do I respond???

My plan was is to send a short email on Monday indicating that....

I intentionally requested an RA Via the correct channels and i need to continue on that route.

Please give me your advice, good, bad, and please send me your ideas on what I should say in my email.

@Happiness Is Inside JOB I have been through this whole procedure and much more. You have my sympathy and will have my prayers. Don’t ever let a supervisor or anyone else talk you out of the proper procedures. He’s trying to cover his you know what at your expense. You go the formal RA route. If you find in later years you are no longer able to work even with reasonable accommodation, use all additional formal options available to you. Don’t be pressured, stay strong

Ketra · ‎02-16-2018

@Happiness Is Inside JOB wrote:
As a side note

When he asks if I have made physical therapy appointment, I have said no because the request was not approved.

Maybe that was a mistake, should I have made physical therapy appointment?

Should I take leave to begin physical therapy until the matter is resolved?

@Happiness Is Inside JOB Your physical therapy is between you, your doctor, and the RA Office. The only tiime your supervisor needs to know about your medical treatment is when you need time off to go to a doctors appointment. Even then, he does not need to know details. You can confirm this with your HR office and the RA office. He’s using a lot of high pressure tactics on you and you need to be strong. Knowledge is your power. Inform your HR and RA offices of his suggestions regarding not using your already approved RA. It’s not ethical and they need to be informed.

GraceLady · ‎01-03-2013

My advice to you is to follow proper channels. I have had accommodations from my employer. Originally, I had a supervisor that just accommodated my needs. We never had a problem. Then someone else found out I had no supporting documentation and I had to provide letters from my doctors. That was simple. Nothing was said again until I got a new supervisor. He came from an HR background and undid my accommodations in one day. He said all lights had to be on full brightness. I told him I had doctors letters explaining the need for dimmed lighting for migraine and autoimmune disease. He had HR on the phone in a hot second, and had a meeting set up. I had accommodations in place, but he did not agree with them. He was so determined to have the office lit up like the sun that he even called legal out to view the lighting situation. Eleven years with no problems and in one day I am wearing sunglasses in the office. I had to get a special form filled out by a third doctor before my accommodations could legally take effect again. I did win back some of the lighting being dimmed, but not all. He was my supervisor and did have some say about where I was sitting as it was semi-public. If I had known to have everything done officially from the beginning, he couldn't have done a thing.

I recommend sending him an email on Monday, summarizing your meeting. Mention everything, including the Facebook comment. Don't do it trying to stir up trouble, but just state the facts. You can tell him the impression his Facebook comment gave you and assure him that you would be working every moment of your telecommute agreement. "I am sorry if you meant something different by that remark, but I can't understand what it would be." Address everything, point by point. Then let him know you have decided to go through the RA office as directed, but "thank you for the offer to handle it outside of the RA office".

Once he responds, forward it to the RA Office. Explain that you are uncomfortable with his offer and request a meeting as others have suggested. If you can get him to admit to the things he said, all the better for you. You gave been given good advice above about documenting everything. Please do it.

hckynut · ‎03-10-2010

@Happiness Is Inside JOB

Too complex for me and I feel even though this is not as long as many of my posts, I think there is something missing in your post. What? Beats me, but I would like to think a Federal employee would know what's up, regardless of a supervisor or a specific "department within this structure".

Who doesn't have a bad back, at times, if they live long enough? I don't see anywhere in your post the type of issue you have with your spine, but I assume you are talking Lumbar Area. I also don't get, if your back is so bad, why are you not going to Physical Therapy, after work hours or days you are not working?

I am a person that is "direct, and to the point", regardless of what superior, or worker I am dealing with, in all circumstances. You sound to me, in this post anyway, like you are afraid of something, or someone. I say to "tell it like it really is" in your email to whomever, or whatever department you have mentioned in this post.

I do, always have, and always will.

hckynut

hckynut(john)

Group 5 minus 1 · ‎03-11-2010

I know most people are frightened of attorneys. Just have an attorney send a letter. Things will go much better. You are too wordy. If an attorney sends a letter they know you mean business.

Eileen in Virginia · ‎08-25-2010

@hckynut wrote:

@Happiness Is Inside JOB

Too complex for me and I feel even though this is not as long as many of my posts, I think there is something missing in your post. What? Beats me, but I would like to think a Federal employee would know what's up, regardless of a supervisor or a specific "department within this structure".

Who doesn't have a bad back, at times, if they live long enough? I don't see anywhere in your post the type of issue you have with your spine, but I assume you are talking Lumbar Area. I also don't get, if your back is so bad, why are you not going to Physical Therapy, after work hours or days you are not working?

I am a person that is "direct, and to the point", regardless of what superior, or worker I am dealing with, in all circumstances. You sound to me, in this post anyway, like you are afraid of something, or someone. I say to "tell it like it really is" in your email to whomever, or whatever department you have mentioned in this post.

I do, always have, and always will.

hckynut

Many Federal employees actually do not know what’s up unless they work in a job that’s related in some way to HR or labor relations OR one where workplace injuries are fairly common (like the USPS or a law enforcement job).

If the OP lives in the DC metropolitan area, going to medical appointments outside of working hours probably isn’t possible. All health care providers here know that Federal employees can use their sick leave for medical and dental appointments, so they don’t have very flexible office hours. This was a shock to DH and me when we moved here from NJ. When I asked our dentist if he had evening or Saturday hours, he told me he’d only consider it if I had extensive dental work requiring multiple appointments and if my agency was going to fire me for taking too much time off. Since I was a new employee, I hadn’t accrued much sick or annual leave at that point.

OP needs to be careful about being overly direct. Unless the performance standards for her position are objective and readily measurable, they’re probably subjective enough for her supervisor to try to lower her performance appraisal in retaliation. This would be stupid in the long run, but, with multiple EEO complaints to his “credit”, he doesn’t sound like the brightest bulb in the chandelier. That being said, the OP has already obtained all of the approvals needed to comply with her doctor’s instructions, so her supervisor needs to get with the program. The RA officer would be the best one to set him straight.