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ADA Reasonable Accommodation
Feb 21, 2012

I am currently thinking about asking my employer for a reasonable accommodation that will allow me to work a day shift schedule. Currently I am working 12 hour rotating shifts, four on/four off. I am also takingAtripla which calls for taking the med at bedtime. Since my bedtime changes every four days, I am constantly adjusting when I take the med on my off days to transition with my bedtime. For example, today I started my day sift rotation (7a to 7p). For the next four days, I will take my med around 7:30 p.m. On my first of day, I will take my med around 4p.m. and keep adjusting until I am taking my med at 7:30 a.m. to get ready for my four day night shift rotation (7p to 7a). I am finding that my life on my off days is not likable with my transition of the med. I am sleepy all of the time. Would asking my employer to allow me to work day shift only be reasonable as with ADA requirement? The barrier that I am forced to deal with in my opinion is the rotating shift schedule.

Response from Mr. Chambers

I would first suggest you review your shifting medication schedule with your doctor. With the new medications, it may not be that big of an issue. If it is, then you should consider going to your employer.

However, ADA uses the general term "reasonable accommodation" on purpose. What may be reasonable for one employer may not be for another.

First, do you come under ADA? 15 or more employees at one location.

Second, is your position such that working only day shifts is something that already is done by some or could be done without causing a major problem?

Third, is there a bargaining agreement that could impact your request?

Your work schedule is not typical, which concerns me some. Is there a reason for such a work schedule? This seems like a schedule that is more commonly used by public service employees, fire, police, or similar positions in the private sector. If so, there could be a problem with accommodating such a request.

I encourage you to contact either the US Department of Labor - Welfare and Benefits Division which oversees ADA or a local legal services agency with more details about your position and employer.

Good luck, Jacques

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