Valued Contributor
Posts: 712
Registered: ‎06-03-2018

Re: What would you do i f you were me?

I agree with those that said to have your Doctor either write a note regarding your medical issue or email you one, that you could provide your boss. I don't see how she could override that. Your health is more important and your are doing everything right.

Valued Contributor
Posts: 884
Registered: ‎10-21-2019

Re: What would you do i f you were me?

@conlt  You mentioned on your second post on this thread (not the original post, but the one that followed) that when you were hired there was a plan of eventually moving up in the company and having your own office in the future? I think that might be an obstacle in saying that you were solely hired to work from home.  


With the pandemic situation though happening right now, you should be able to to successfully argue that you must continue to work from home to protect your health. I'm not sure how that will affect the other plans you mentioned, but maybe by then there will be a vaccine or treatment. 


Best of luck you, hope it works out well!

Whatever gets you through the night; it's alright, it's alright. It's your money or your life; it's alright, it's alright---John Lennon
Esteemed Contributor
Posts: 5,289
Registered: ‎04-20-2013

Re: What would you do i f you were me?

[ Edited ]

@conlt wrote:

@Daisy Sunflower Funny you should mention the boss watching you. So I have been working at home since December 2019. When this boss came on, she made us turn on our computer camera all day so she can watch us. I think she has major issues. For those of you who asked, yes I have insurance from my job. The founders of the company are former bosses of mine, who know me well, so I am thinking things will go my way except my boss is probably going to be very angry at me. I would never want to hurt my former bosses. 

I did a little investigating and I think I may be covered under the ADA due to my Obstructive Sleep Apnea and the scarred lungs.  I have been on CPAP treatment for 9 years. I copied and pasted this from the ADA:

(1) Disability

The term "disability" means, with respect to an individual

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment (as described in paragraph (3)).

(2) Major Life Activities

(A) In general

For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B) Major bodily functions

For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(3) Regarded as having such an impairment

For purposes of paragraph (1)(C):

(A) An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

@conlt - I worked in a Fortune 100 NYC company and handled ADA accommodations.  The Company does have rights as well.  But since you've been working at home since the beginning of your employment and you qualified then, medically, the manager has no basis to change the terms during a pandemic.  To go to work may involve public transportation and being in more contact with others.  I don't know what State you are in but high risk individuals are still under Stay At Home until "normalcy" returns.  I'd say when a vaccine is available may be the determinant.  But, the Company does have the right to review accommodations annually or in the event you can't or aren't performing all aspects of your job to their satisfaction.   Your medical condition does qualify and a direct manager should not be able to demand your return on her own.  If you have an HR dept., there should be a person who handles ADA.  

I'd not bring your brother into the picture as FMLA is specific to caring for a family member and time can be taken intermittently and has no bearing on your WFH arrangement.  As long as your performance is satisfactory, you are performing all tasks required for the position, I see no basis to discontinue WFH.  Don't seek legal advice at this point, because it would be difficult to work in a hostile environment and there are measures in place to protect people in the workplace.  If you are forced to return to work on site after presenting medical certification that you must continue WFH, go through the  Dept of Labor in your state and EEO commission and save yourself legal fees.  But requests for ADA accommodations are usually handled by a person experienced and familiar with the legal requirements.  The manager is asked if all tasks required can be achieved from home but the decision rarely rests with the direct manager.  However, my Company was a large one and it was easier to approve arrangements and we did have professionals specific to ADA that handled same.  I wouldn't have gone above the manager's head but followed process instead.  Most workers do not know their rights and should always request the Company brochure on worker's rights upon hire if not automatically given to you as it should have been done. 

Respected Contributor
Posts: 2,389
Registered: ‎03-16-2010

Re: What would you do i f you were me?

@Stray Thank you, your points are correct I believe. I know a little bit about employment law myself. The mistake I made at this point is that I should have gone to HR first. I don't think that is going to change the outcome of what my manager will think about me at this point. The good thing is that I put my request in writing. I never want to go litigation with this, I only want to work a home until we have a vaccine. Or when I get my own office I can be sure that we social distance. In office there has been no social distancing. I think she is 1 of the people who thinks this is silly and has gone about her life unmasked (do to say). When I see the other 3 in the office sitting together unmasked on zoom, I know they are not social distancing. 

I think the reason I went to the higher-ups is because we know each other as we previously worked together for another corporation.