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refusal to accommodate store employee with temporary disability

Posted Thu February 9, 2012 8:57 am, by Laure S. written to Shop Rite

Write a Letter to this Company


My daughter is an employee of your company. Recently she was diagnosed with acute mononucleosis. Her doctor has written a letter for a reduction in her hours down to 10 hours temporarily to allow her to recover.
She was informed by her supervisor that she cannot work at all. They will not permit a reduction of hours. I spoke to the HR staff member who stated that the "union won't allow it"

The American with disabilities act is a federal law that protects individuals with even temporary disability. The ADA states that a covered entity shall not discriminate against a qualified individual with a disability. Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees,

When I pressed Brandy, the HR staff she stated that a letter had to be written requesting accommodations. The only accommodation needed is the reduction of hours that the doctor feels is necessary right now. I do believe that this is a short term issue which will resolve shortly.

I am angry that a company as big as Shop rite does not make accommodations. I expect that a company as large as yours to have staff that are well versed in the law and respond accordingly in a responsible, positive, caring manner.

Review their polices on accommodating individuals with disability. Train staff in retail locations to respond accordingly.


Reply



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by Jared C. Posted Thu February 23, 2012 @ 11:40 AM

Two things that show your complaint is without merit:

1) Your daughter is NOT covered by the Americans with Disabilities Act
as mononucleosis is NOT a disability, but an illness that goes away
with treatment The ADA only covers permanent disabilities, not
temporary ones that are really just sicknesses.

2) Mononecleosis is CONTAGIOUS, which is an excellent reason why your
daughter should NOT be allowed to work at all until she is better and
NOT contagiouys.

Reply


I'm with the others by MA Bellamy Mon February 13, 2012 @ 12:06 PM

by The Original Nethead Posted Mon February 13, 2012 @ 5:24 PM

You don't screw with crippling someone.

Reply

by MA Bellamy Posted Tue February 14, 2012 @ 1:29 PM

if the Dr. releases her to light duty and the USPS can't accomodate,
she loses her disability pay and has to try and live on like 20 hrs a
week, which isnt enough to cover her expenses.

But the other scenario is she is forced to go back, re-injures herself
and then there's Workers Comp to contend with too.

She probably could have gotten WC on this anyway, but her Union Rep
advised just doing the temporary disability first because appeals
could take a while and her Dr. wanted her in there ASAP to get the
surgery.

Poor thing! Even though she's healing quite well, I wouldn't wish
that kind of trauma on anyone!

Reply


..not to mention dealing with the USPS when a problem crops up... by The Original Nethead Tue February 14, 2012 @ 3:04 PM

by Harleycat Posted Thu February 16, 2012 @ 7:30 PM

Many union contracts don't allow for light duty, it's all or nothing.
My husband's union is that way. When he throws his back out, he is
out on disability until it heals even if his doctor clears him for
light duty. Since they do not deny him his disability, only light
duty, it does not violate the ADA.

Reply

by fairywithfangs Posted Fri February 10, 2012 @ 8:15 PM

I'm actually hoping that the reason they would not allow her to work
is because Mono is a CONTAGIOUS ILLNESS. This is a grocery store for
goodness sake.

Also, I have had mono -- it is not considered a disability, not even a
short term one. It does make you feel horrible and crummy for what
seems like forever, but it is not an illness.

Reply

by Ben G. Posted Fri February 10, 2012 @ 7:56 AM

Unions really DO fight for the middle class....oh wait...

"union won't allow it"

I won't purchase goods from ANY union affiliated shop for reasons like
this....

Reply

Just Curious... by jeishere Fri February 10, 2012 @ 12:58 PM


What does he have against fair wages and decent benefits? by RedheadwGlasses Fri February 10, 2012 @ 5:15 PM

I would entertain your question red... by Ben G. Sat February 18, 2012 @ 10:09 PM

Unions by Ben G. Sat February 18, 2012 @ 10:07 PM

by RedheadwGlasses Posted Thu February 9, 2012 @ 1:00 PM

I just did a google search and found the eeoc's website, which covers
this, and no, mono is NOT considered to be a temporary disability.
"Temporary disabilities" have to meet certain criteria, and mono
doesn't. Neither does recovery for most surgeries.

http://www.eeoc.gov/policy/docs/902cm.html

Reply


Thanks.. by Harleycat Thu February 9, 2012 @ 6:39 PM


what about FMLA by PepperElf Fri February 10, 2012 @ 9:26 AM


Already used all my FMLA.. by Harleycat Fri February 10, 2012 @ 11:24 AM


ack. sorry i meant for the OP. but i hope yours works out as well n/t by PepperElf Mon February 13, 2012 @ 8:48 AM

by RedheadwGlasses Posted Thu February 9, 2012 @ 12:56 PM

I find it hard to believe that mono would qualify as a "temporary
disability' under the ADA. It's an illness and it lasts about a
month.

Reply

And it's pretty contagious. The ADA is to make things equal for everyone, but by Steve OH (IO) Thu February 9, 2012 @ 1:03 PM


by batmoody Posted Thu February 9, 2012 @ 10:44 AM

Mononucleosis is contagious. I can absolutely understand why the
company or the union might want her to take the time off. Especially
working in a retail setting.

If she's union, she probably has some kind of sick pay or disability
pay that would kick in. I'd be going that route and give her the time
to rest and possibly not infect anyone else. While getting paid.

Just imagine if she sneezes in the vicinity of another employee or
customer, or licking her fingers to grab bags or papers, the panic
that can ensue. Do you let everyone know? Or do you not, and take the
chance another employee might accidentally take a sip from her straw
and oops...wrong drink, that one wasn't mine ha ha...

I can totally understand why the company would rather she just stayed
home.

And whatever the ADA states, I doubt it has anything to do with
contagious, infectious disabilities when you are working in a very
public setting like that.


Reply

by PepperElf Posted Thu February 9, 2012 @ 9:25 AM

1) You may need to review the ADA rules to see if the illness is
covered under it. Some site say ambiguous while others say it's
covered.


2) They have every right to have this put in writing. You cannot
simply walk up and say "Give her accommodations" without filling out
forms etc.

So the letter isn't a wrong thing to do. If you write it, I recommend
including a copy of the doctor's information.

I've done this too. I received accommodations in college once and had
to fill out a ton of paperwork including the paperwork from my
doctor.


3) if this doesn't work then you'll probably have to talk to a lawyer.
Or consider using FMLA - but remember that too will require paperwork
and not just verbally asking for it.

Reply


At Will Employment States by T. B. Fri February 10, 2012 @ 12:56 PM


The OP is in NY.. by Harleycat Fri February 10, 2012 @ 5:59 PM


can't hurt to look it up at least by PepperElf Mon February 13, 2012 @ 8:53 AM




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