WHEELCHAIR ASSISTANCE AT WORK

[Dreams008]

I'm hoping someone can give me some advice here. I have PPMS and am pretty much paralyzed on the right side. I am still able to comfortably drive with my left foot and work 40 hours a week. I am just exhausted, but fighting.

I have no problem getting to my work building, but require wheelchair assistance up to my office and down in the afternoons. It's a very simple task, as it's just a 4-story building with an elevator right next to the doors that exit the building, which my car is right outside of.

I am having a hard time with people assisting me in the afternoons when it's time for me to leave. I always try to switch up people helping me, but lately, it's getting tough. My boss never wants to help and told me it could become a problem having people help me down. I give it my all and my best to get to work every day and work 8 hrs a day, all while trying to deal with PPMS.

I have done research on the ADA sites, but can't find anything specific to my situation, however, I did see that an employer may be obligated to provide a wheelchair or scooter for a disabled person to get their job done. I understand taking employees away from their job to help me may be the issue, but it's a 5 min ordeal and the only way for me to get in the office.

Any advice? At one point, even the CEO said I could not receive help from anyone. I just think it's a little off that my boss won't even help.

[KoKo]

I'm hoping someone can give me some advice here. I have PPMS and am pretty much paralyzed on the right side. I am still able to comfortably drive with my left foot and work 40 hours a week. I am just exhausted, but fighting.

I have no problem getting to my work building, but require wheelchair assistance up to my office and down in the afternoons. It's a very simple task, as it's just a 4-story building with an elevator right next to the doors that exit the building, which my car is right outside of.

I am having a hard time with people assisting me in the afternoons when it's time for me to leave. I always try to switch up people helping me, but lately, it's getting tough. My boss never wants to help and told me it could become a problem having people help me down. I give it my all and my best to get to work every day and work 8 hrs a day, all while trying to deal with PPMS.

I have done research on the ADA sites, but can't find anything specific to my situation, however, I did see that an employer may be obligated to provide a wheelchair or scooter for a disabled person to get their job done. I understand taking employees away from their job to help me may be the issue, but it's a 5 min ordeal and the only way for me to get in the office.

Any advice? At one point, even the CEO said I could not receive help from anyone. I just think it's a little off that my boss won't even help.

Hello Dreams008

This info from the US Department of Labor service, called the Job Accommodations Network (JAN),
has the answers you're looking for:

http://askjan.org/Erguide/Three.htm#D1

From what I've read, providing personal use mobility aids is not considered reasonable accommodation, and also, employers may refuse to allow their employees to assist, if the employer can be held liable for injuries.

I admire your fight to continue in the workforce. Hopefully you and your employer can find a workable solution. Good luck!

Take care

[KoKo]

Dreams008

Here is the info, relevant to your concerns, from this site:

http://askjan.org/Erguide/Three.htm#D1

4. What accommodations are not considered reasonable?

Reasonable accommodation does not include removing essential job functions, creating new jobs, and providing personal need items such as eye glasses and mobility aids. Nothing in the ADA prohibits employers from providing these types of accommodations; they simply are not required accommodations.

f. What if coworkers voluntarily assist employees with disabilities with personal needs? For example, coworkers assist an employee who uses a wheelchair to transfer from her car into her wheelchair when she arrives at work. Do employers have to allow coworkers to assist or can they prohibit them from doing so?

According to informal guidance from the EEOC, in general employers can decide how employees use their time at work. Therefore, employers can probably prohibit coworkers from providing personal assistance to employees with disabilities without violating the ADA outright. However, from a practical standpoint, the EEOC recommends that employers take a case by case approach and consider allowing coworkers to voluntarily assist employees with disabilities when the employer does not have any liability for resulting injuries and the assistance does not substantially disrupt the workplace.

The EEOC suggests the following approach: When deciding whether to allow coworkers to provide personal assistance, employers may first want to determine whether they have any liability for resulting injuries. To make that determination, employers should check with appropriate legal advisors - the EEOC does not advise employers about the extent of their liability for on the job injuries. If an employer determines that it is liable for injuries, it can prohibit coworkers from providing the personal assistance.

If, on the other hand, the employer determines it is not liable, then the employer should look at other factors such as how much disruption there will be to the workplace if coworkers are allowed to provide personal assistance. If not liable and little if any disruption would result, then the employer should consider allowing coworkers to assist an employee with a disability, at least with minor activities such as taking off and putting on a coat and eating.

When more difficult assistance is needed, such as toileting transfers or administering medications, the employer may want to make sure that coworkers are properly trained before allowing them to provide this type of assistance. In contrast, under the ADA's reasonable accommodation obligation employers must consider allowing employees with disabilities to have their own personal attendant in the workplace, absent undue hardship.