The Americans with Disabilities Act (ADA) supports the idea that granting an employee’s request to work from home is a reasonable accommodation for that employee’s disability. A reasonable accommodation is a change in workplace practices to make the job manageable for employees with disabilities. This accounts for applying for jobs, certain task requirements of a job, and equal opportunity for any benefits the jobs provide to other employees. If you have been denied these rights, talk to a Philadelphia disability lawyer about reasonable accommodations.
Reasonable accommodations are expected to be made for employees with disabilities that would otherwise impair work performance or place significant strain of the employee. However, the law also places limits on reasonable accommodations to ensure that employers do not drop in their performance.
Undue hardship asserts that reasonable accommodations should not be granted if the accommodation causes hardship to the employer. Undue hardship can mean accommodations that are disruptive to the workplace, complicated enough to impair other’s work performances, expensive, or drastically time-consuming. This rule protects the employer’s business from potential failure.
It is for these reasons that certain jobs may not allow you to work from home, even if you have a disability. Certain jobs, like cashiers, oil field workers, and similar jobs that require a physical hands-on presence at work, cannot allow employees to work from home because there is no such work that can be done. A cashier cannot serve customers unless they are physically in front of the register.
The first step is to talk to your boss or supervisor about your situation. This does not need to be a formal meeting. Explain your new medical condition, what the doctors told you, and how this condition will affect your job performance.
Most supervisors try to make sure your medical condition fits the definition of a disability according to the ADA, as is their responsibility under the law. However, some supervisors may neglect the rules and fail to offer employees reasonable accommodations. Others may require further evidence than what you explain to them. What you can do is have your doctor write a note or give you a copy of your medical records that indicate the impairments of your disability.
There are various reasons why you may need to work from home. Your scheduled physical therapy visits each week could make going to your job unreasonably difficult. Recovery from surgery may only require a week or two of working from your home. Some disabilities can induce unexpected impairments that can make going to work dangerous. This would necessitate working from home as both a safety precaution and a way to prevent potential disruptions at work.
If you have been denied reasonable accommodations at work and are struggling financially as a result, then consider consulting with a Philadelphia long-term disability lawyer. You can call the Philadelphia disability lawyers today at Edelstein & Nelson at (800) 300–0909 for consultation. We work with our clients to fight for their rights in the workplace.