FMLA/ADA Accomodations/Workload Distribution Issues

[pittguy578]

What is the name of your state (only U.S. law)? PA

I just had a quick question regarding intersection of FMLA/ADA.
I work for an insurance company in a high volume environment.
I had been off for depression for a number of months, and came back to work in March.
My doctor had been telling me to take leave for most of last year due to the high stress environment, and the acuteness of my symptoms. The company that handled my disability claim thought I was going to be a long-term case and thought it may be against my interests to come back. I was proud and came back. Initially I was ok at first, but then the high volume and unreasonable workloads have made my symptoms acute again.

Another thing is my performance was in the top tier until the end of last year when my symptoms had become accused. I had made my employer aware of the situation, and they did nothing to help me.
The main cause of my illness was the fact the workloads were unequally distributed. I was handling more cases and g etting more work than my coworkers.

My question is regarding reasonable accommodation with FMLA/ADA. There is no question my depression is stress induced and disabling. I am still getting more work than other people in my department-same position and pay grade, and they are scrutinizing my work. I have a documented disability, and they are making my symptoms worse and my performance worse by not equalizing workload when they know it is an issue-they rely on a computer assignment system which is flawed.

I am just wondering if a reasonable accommodating under FMLA/ADA would be to have a more reasonable workload in light of the fact I do have a disability. I am not asking to be g iven less-just for them to even the distribution. Would that be a reasonable accommodation in light of my health? I do not think it’s fair for an employer to treat employees unfairly when a disability is partially caused by an issue in the workplace.

 

[cbg]

FMLA and the ADA are two entirely different laws. They occasionally touch, but they are two different entities that are there to accomplish two different things.

FMLA is unpaid leave of up to 12 weeks in a 12 month period. No accomodations of any kind are required under FMLA.

With the information available to us, it's impossible to say whether a more even distribution would be a reasonable accomodation under the ADA or not. It would depend on why the workloads are assigned the way they are. And what is "a more even distribution" if not lightening yours?

FYI, the employer is not required to eliminate any of the essential functions of your position. So the question then becomes, what are the essential functions of your specific position? (the work load of other employees is irrelevant to this question)

 

[pittguy578]

Actually there should be no reason workloads should be unevenly distributed.
Everyone has the same "abililties"..Everyone should be getting the same amount of work. The computerized distribution system is inherently flawed. They are aware of the situation. It really does not make sense why some people are hit with higher volume month after month and others get by with a lower workload amount. I do know they think some people are workhorses and they think they can handle a higher load-however..that is not without consequences, especially with someone with disabilities. I have spreadsheets showing how inequitable work distribution is-it is not something I am making up. I work for an insurance company-everything is d ocumented.


There is a fix-we used to manually reassign claims as they came in so everyone would have the same amount of claims and workload would be evenly distributed. The other office we share responsibilities with said they could not do that so here we are with this convoluted and unequal distribution. The other thing is the management takes no consideration in terms of work product regardless of workload-every little detail has to be in even if you receive twice as much work as someone else.

I know ADA/FMLA are separate, but in some respects they intersect. If a person comes back to work under FMLA, I am assuming they have expectation of reasonable accomodations. I think a more balanced workload could be a reasonable request, especially if it is documented that workload distribution is unequal and exacerbates someone's disability. My employer is aware of this "disability"-it is not as if it is a secret. Also I believe a more balanced workload could be covered under ADA..am I not correct?

For example..I received 180 claimants so far this month. Other people in my unit have received fewer than 100. We are in the same positions and receive equal pay. I would not be as stressed out/depressed/losing sleep if everyone was treated equally.

 

[ecmst12]

FMLA does not apply to you right now....sounds like you were out for longer than 12 weeks before, and you have not been back at work long enough to accrue any more leave. Accomodations are solely under the ADA - FMLA just gives you job protected leave for medical reasons.

 

[cbg]

If a person comes back to work under FMLA, I am assuming they have expectation of reasonable accomodations.

You assume wrongly, then. There is NO accomodation componant to FMLA. Not all conditions that qualify for FMLA are disabilities under the ADA; not all disability under the ADA are also serious health conditions under FMLA.

 

[commentator]

I think your job is so stressful due to the fact that you are laboring under a delusion...the idea that you are being asked to do more work than your co-workers and that it isn't FAIR.

The company is under no requirement to make the work load equitable. Some people just naturally do more work than others. If they wanted to, they could legitimately double the amount of work you are assigned. This might be unreasonable, but they are actually in the business of getting the work done. If you are unable to handle your workload, they will do one of two things. They will reduce your workload and re-assign some of the work to others, or they will fire you for poor performance and reassign ALL your work to others.

You need to change your paradigm. You have a job where you are paid x to do y. It is not your responsibility to see that the work is all done or that the company ultimately makes a profit. You just do your best to get the work done that has been assigned to you. You do not worry about whether you have more work assigned to you than Joe Blow over in the other corner, or whether it is "fair" for you to have to work harder than he does. You have jumped upon the concept that you are a protected class of worker, that you have disabilities because you suffer from anxiety and stress, and it's all their fault. It sounds as though your doctor may be telling you you don't need to work any more, for health reasons, but since you did decide to keep working, you can't then expect the workplace to change to accomodate you. The business is in business to make a profit, not to provide you a stressless job.

You accepted the job and the salary and agreed to work for it. You contracted to do your legitimate best on the job, totally apart from what other employees were doing. If the job is too hard, too stressful, too frustrating, you have the choice to quit and go elsewhere and find something else.

But while you are there, instead of trying to claim ADA protection by demanding that they make the work environment "fair" and force other employees to do "their fair share" you need to worry only about your own job, your own performance, and your own mental health.

There is the concept of asking the employee to "spin straw into gold." No matter how much they ask it, if you legitimately cannot do it, all you can do is your best. If that is not sufficient, they have the legal right to fire you. But if they get more work out of you individually by giving you huge and unreasonable assignments and demanding that you get them done, criticizing and threatening you if you don't perform, that's just a management technique they're using to get the work out of you. It's not illegal. The workplace does NOT have to be fair or stress free, even if they've got employees dropping like flied due to stress related illnesses.

You should throw away your spread sheets, let go your demands that the job load be equitably distributed, that you be treated as a "protected class" or "extra fragile" due to work stress, and stop allowing the employer to give you all this work related stress. Take your assignments, do the best you can with them, and leave them there at the end of the day and go home and have a life outside work. If you can't get them all done, let that be the employer's problem He can either hire more people, fire you or redesign the work load. But he can't give you stress without your permission.

You can, of course, be looking very diligently for another job while still employed, where fairer and better work practices are followed, but you don't have the means to force these people to accomodate your mental make-up by giving you a stress free or "fair" work environment.