Does the employer have the last say in what are reasonable accommodations? I'm returning from ADA leave of 6 months(HR policy allows for up to 2 years), but requesting accommodations before I return. I gave many options for time flexibility (psychologist

I have requested several accommodations for a mental health & other related disorder for my return from an extended leave (falling within my employer's leave policy-past FMLA). Because I had so much medical testing and diagnosis work, I know I meet the ADA definition of disability and can show that. My psychologist provided the initial accommodation request, using accommodations commonly suggested for the primary diagnosis. Employer used the broad language to turn down many and it didn't work for me because, despite several suggestions for time flexibility, they would only allow one temporarily, for a month (I need something ongoing). They sent me to their ADA specialist (Im at a huge State org) and he suggested an altered schedule, which was also medically supported by my doctor, MD. Not only did the work unit not agree to that, they posted my position the day after the meeting with ADA(another employee quit so they were still holding a position open in the unit, just not my old one). Previously, my coworker's position was posted. HR told me to ignore the change (!) and said they would return me to my original position, but still wouldn't address the time flexibility part. My position is still listed as of today. They are trading responsibilities for accommodations. I can return to work but I need accommodations and I'm at a standstill. My psychologist now asked for a transfer (I have a very common position in a huge org) for me formally, but all the doctors language is soft and HR keeps using that to push my return with their conditions. If I'm medically cleared to return to work with accommodations, can they fire me if I don't come back under their terms?

0 answers  |  asked Jan 30, 2017 8:15 PM [EST]  |  applies to Pennsylvania

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