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Daniel Luneau, Expert
Hello! Thanks for using JustAnswer. My name is ***** ***** I will be the expert ready to answer your questions to the best of my ability and with top-quality service. I’m sorry to hear you are having these problems with your legal issue, and I know that can be frustrating. Hopefully, this can be resolved quickly.
So it is one question per chat in order so that we can assist all customers in a timely matter. Woudl you like me to answer the documentation question as to whether they can ask for that?Daniel Luneau, Expert
Under the ADA, an employee may be permitted to use their own accrued paid vacation or sick leave, as-needed, or be granted additional unpaid leave as an accommodation. Paid leave beyond that which is provided to similarly-situated employees is not required. EEOC states that an employee with a disability should be permitted to exhaust accrued paid leave before using unpaid leave as an accommodation.
When the disability and/or the need for accommodation is not obvious, the employer may ask the individual for reasonable documentation about his/her disability and functional limitations. The employer is entitled to know that the individual has a covered disability for which s/he needs a reasonable accommodation.
Reasonable documentation means that the employer may require only the documentation that is needed to establish that a person has an ADA disability, and that the disability necessitates a reasonable accommodation.
Daniel Luneau, Expert
Does that make sense? Did you have any follow up questions on that issue?
Daniel Luneau, Expert
Documentation is sufficient if it substantiates that the individual has a disability and needs the reasonable accommodation requested. Sufficient medical documentation should describe the nature, severity, and duration of the impairment, the activity or activities that the impairment limits, the extent to which the impairment limits the employee's ability to perform the activity or activities, and should also substantiate why the requested reasonable accommodation is needed.
I am not able to say as to your case as we are limited to general information here.Daniel Luneau, Expert
So if you believe they are discriminating against you, it would be important to meet wit a local attorney to review the case. That could be grounds for a complaint and possible lawsuit if they are doing that to discriminate. But the case will need to be reviewed. IF there is an undue hardship, that can potentially mean the employer does not have to honor a request.
Daniel Luneau, Expert
I woudl not be able to say on that. That requires a review of your specific case. We are limited to general informaiton. If you visit www.justia.com, you can search for a local employment lawyer. Many will offer a free consultation, and if the case is strong they may agree to a contingency fee.
Daniel Luneau, Expert
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