accommodations

HRFL · February 2004

WE have and employee who suffers from anxiety attacks when she has to drive. She currently works at one of our facilities that is close to her home. However, she has been asked to travel to the home office for on occassion. (about 25 mile)

She states that due to her FMLA diagnosis, she is covered so that she does not have to travel the 25 miles to the home office.

Can FMLA cover you from and to work? My opinion is no. Is this a reasonable accommodation? I don't think so. I feel that reasonable accommodations is to the work place, not the transportation to and from work.

Help

Don D · February 2004

If the home office were her regular, normal workplace, you would be correct. However, if the place she must travel to is not her normal workplace, is a temporary assignment or is one she travels to after she arrives at the normal worksite, then the travel is not considered 'to and from' work. In that sense also, she would have to be paid for that travel time and compensated for the mileage if she uses her private automobile.

Unless traveling to that location is a part of her normal job duties, sounds like you might need to reconsider. But, FMLA does not require accommodation. If she is disabled, then you must at least consider accommodation, under ADA, not under FMLA, but not necessarily grant it. If going there is an essential function of her job that your company reasonably determines cannot be waived or removed from her duties, then she must perform that part of the job as well as all others.

System · February 2004

Don's right. The FMLA only gives her leave to allow her to attend to her health. It doesn't require an accommodation.

James Sokolowski
HRhero.com

Whatever · February 2004

Is car service available?

hrjax · February 2004

There is city bus service, as well as taxi service.

Whatever · February 2004

Therefore, she can get to the other location. The only issue is if the company covers the cost of the bus service or taxi service.

accommodations

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