ADA accommodation

[just1yogi]

The hospital I work for has given me an accommodation under ADA. They have let me cut back to 32 hours a week and I no longer have to be on call. The document that I signed was very long and used the word disability many times.

The document says that my doctor has requested that I work no more than 32 hours per week and that I no longer take call.

My question and concern is that emergency situations arise constantly in healthcare. I have had to stay at the hospital many times to help with surgery cases, and sometimes be on call for periods to help cover gaps in the schedule. It is not possible to just walk out during a trauma or to refuse to be on standby to help in these situations.

In short what are the implications for me if the hospital finds out I violated the terms of the "ADA accommodation" that they were kind enough to provide.

I hate being the guy in the department that cannot do his job. And my boss even ask me why I do not just go on disability and retire. But I can see from reading these other posts that the Government wants me to keep going even though it makes it harder on the people who have to work with me.

I know that this is not entirely what this section is for, but I could not resist the opportunity to get a qualified opinion on my situation.

[MSW1963]

'In short what are the implications for me if the hospital finds out I violated the terms of the "ADA accommodation" that they were kind enough to provide.'

Your analogy is kind of backward in terms of who violated ADA. The hospital has acknowledged your medical condition and is required to abide by ADA.

On the other hand, you can't just walk out in the middle of a life or death medical crisis or emergency, but the burden to accomodate your reduced work schedule is on the hospital.

I'm not faulting the hospital for their effort to keep you in your current job while accomodating ADA, it's just unrealistic based on the job you were hired to do.

It may be time to consider 're-negotiating' your ADA agreement for a position that allows the hospital to realistically accomodate your reduced work schedule, if that's an option. It may require a certain amount of finesse to nagivate your way into a different position, with equal pay, benefits, etc., even worse, the possibility of risking current job security.

Best of luck to you.

[MSW1963]

You might contact your local chapter of the NMSS for advice or a referral to ADA attorney for consultation (usually free) if you have questions or concerns about a job change or how ADA applies in your current circumstances.

Best of luck.

[MSW1963]

You're welcome from PDX.

[just1yogi]

MSD,
Just got back to check this today. I was not aware of any help with ADA issues through our organizations. I wish I had gotten better advise before I made all this disability business "official". My doctors were thrilled because they had been trying to get me to do something about my work schedule for quite awhile. And I guess I have to admit that MS is catching up with me at some point.

It just really scares me when I see how the government treats people who just need a little help to keep going. And now that I am classified as "disabled" under ADA, my 10 years of denial officially comes to an end.

Thank you for your input.

[grace4et]

how do you apply for a ada accommodation?

[lstrl]

I don't know how big your hospital is, but maybe they need to consider having someone else besides you on standby for those traumas if it is later in the day. Not every situation is going to be completely avoidable, but they can at least try to avoid it as much as possible.

As someone who worked in a big OR for 5 years, I always saw how they made the same people do most of the work, while the slackers always got out on time and did as little work as possible. If they have to keep putting you in those traumas where you're working way beyond your negotiated hours, then maybe they need to consider hiring enough help to cover the workload. It's not your fault if they fail to do that. By not having an appropriate number of staff, they're putting patients at risk, and that is not acceptable. There are more people than just you who work there, and they shouldn't be putting so much on you, especially when they legally can't.

[MSW1963]

grace4et, there are a few things you should be aware of when considering ADA accommodations. The federal ADA regulations require Employers with 15 or more employees to comply with ADA.

It is necessary that you have the support of your MS doc if you are considering applying for ADA. Your MS doc (or treating physician) will be asked for documentation, medical opinion supporting the accomodation that you request.

ADA is applied for through your employer, typically by making a request from your HR/Benefits department. You should receive your ADA request form from HR/benefits dept within the legal time frame outlined in the ADA regs. The form requires info from you and your doc, about your disability and the type of accomodation being requested. You are not required to disclose your diagnosis during the ADA application process. Keep documentation of everything employment related in writing. Your local chapter of the NMSS may have ADA info and guidance to help you through the regs and application process.

Here is a link to the EEOC website with info about ADA regs and small employers:

http://www.eeoc.gov/laws/regulations...l_business.cfm

Another link for you:

http://www.ada.gov/regs2010/ADAregs2010.htm

Best of luck.

[just1yogi]

lstrl,
I actually work with an amazing group of people. Most of whom know that I have MS. People have been very patient and generous. It is I have who have chosen to stay and help. No one makes me. I feel I have an obligation, because of choosing to stay in health care to help when I can even if it violates what is spelled out in the ADA accommodation that has been put in place for me.

[just1yogi]

grace4et,
My doctors recommended my reduction in hours. I took this to my boss. He referred me to HR who then guided me through the entire process.

I tend to trust people to do the right thing. In this case I just wish I had done a little more research on my own before getting the word "disability" plastered all over my work record,
which until MS started catching up with me was spotless.