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    Accommodations responsibility

    Hi. I have a question about disability. I'm an RN whose time working may be limited unfortunately. What responsibility does my employer have to make disability accommodations for me? If I cannot perform my job using any assistive devices, how can accommodations even be made? People often tell me that my employer has to make provisions for my handicap but how is that possible? Do they have to offer me a different position as an RN or can they offer any job even if it's at a much lower pay or can they say sorry you can't work here anymore?

    I was on long term disability after a relapse in 2011 and it took me three years to build my hours back up. They kept my hours for me as I made my way back. It's now been about one year and I'm struggling more. The last time my relapse was sudden but now things are gradually worsening. Is it a good idea to speak to someone or wait and see how long I can keep going? I don't want the decision to work taken away from me if I say something.

    #2
    Hi AriD:

    Employers are required to make "reasonable" accommodations for employees with disabilities that affect their ability to perform their jobs. What's "reasonable" depends on the individual's job situation. There might be several reasonable accommodations possible. It might also happen that there are no accommodations that are "reasonable." It depends.

    If your employer can't think of any possible reasonable accommodations, maybe you can propose one or two of your own. Might fly, might not.

    You can find a very nice explanation about reasonable accommodations (including job reassignment) at the EEOC website: http://www.eeoc.gov/policy/docs/accommodation.html

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      #3
      Here is my understanding:

      In order to retain current position, you have to be able to perform essential functions of your job, with reasonable accommodations. They could eliminate marginal functions.

      So if your job requires you to lift patients along with the medical responsibilities, is lifting truly essential, and if so, can an aide assist as reasonable accomodation? If you are required to empty bedpans, that could be marginal function that they eliminate and reassign to an aide.

      If you can no longer do essential functions and no reasonable accommodations exist, if there are other open vacant positions that you are qualified for, then they have to offer you the one that is closest to your current position in pay and benefits. So you can see a reduction in wages, your employer is not required to keep you at current pay. If there are no open positions, or open positions that you are not qualified for with or without accomodations, your employer could terminate employment.

      I had to consider some of this. My employer LTD policy paid 60% if I could not perform current occupation. After two years, if I could not perform any occupation that paid 80% of former wage, it continues to pay. Of course, after two years, my employer didn't have to take me back.

      I had considered part time, but then lost LTD coverage and lowered earnings for future social security benefits. I had discussed a modified work schedule, where I would use vacation and FMLA to reduce hours worked in a week as a reasonable accommodation, but by that point I couldn't stay on schedule and MS was making me take more time. I also considered taking a different lower paying job, but realized that if I took it and still could not work full time, my LTD benefit would be lower.

      So it is a lot to consider. For me, after discussing with my family and neurologist, I realized my full time work days were behind me. I went out on LTD. If you do consider LTD, make sure you fully understand the policy wording. I had to fight to get the award, hiring a lawyer to appeal.

      I wish you all the best as you work through your options.
      Kathy
      DX 01/06, currently on Tysabri

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        #4
        Thanks to both of you for this useful information. I was afraid of those realities. If I speak to my employer then it puts me in the position of saying I can't perform my current job. Therefore I can't really turn back. There are very few RN positions at my work that don't require a lot of physical work. And there are very few job openings these days especially in the less physically demanding jobs.
        If I try to cut my hours back, I'm no longer eligible for disability. My employer only has disability for 36-40 hour employees and doesn't offer any short term disability. Leaves me kind of stuck. I'll keep going until I can't or I see a job opening that would be easier on me. I believe my disability is good for only 24 months then I am only covered if I can't perform any job no matter the pay.
        I really hate MS.

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