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Poor job review beacuse of HIV
Dec 11, 1998

I have AIDS, but am asymptomatic. I have to take off of work 1-2 times a month to go see the Doctor. My job review is based on many aspects and points are assigned to each area. I get very high scores in every area, except attendance. I always make up work, and frequently work weekends to get caught up on my work. My questions is can my employer give me low points for attendance, when the work I miss is because I'm going to a Dr's appt.?

Response from Ms. Breuer

Yes, your employer can give you low points for attendance because of those medical appointments unless you take one step to resolve the situation: you can ask your health care provider for a note identifying you as a person with a disability whose medical appointments are necessary, and requesting that you have those appointments as a reasonable accommodation. The note should not give your diagnosis. As a person with HIV or AIDS, you are covered by the Americans with Disabilities Act, but only if you identify yourself to your employer as a person with a disability. The doctor's note is all you need. Once you have negotiated the right to leave for those appointments and are making up the time according to the agreement you have reached with your employer, your supervisor will not be able to dock you for attendance anymore. By the way, the best person to negotiate a reasonable accommodation with you is the personnel director or human resources director, not your immediate supervisor. Most supervisors have no training in negotiating reasonable accommodation under the ADA.

Nancy Breuer

FMLA Problems
Disability insurance

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