Irritable Bowel Accommodation

RT2 · November 2002

We have an employee who suffers from irritable bowel syndrome. The employee also lives approximately 100 miles from work. Previously, the employee lived closer to work and had tardiness issues and these have not improved after moving further away. The employee wants us as an accommodation to waive our rigid 8 to 5 working hours rule. Because of some inherent risks in our business and other issues, such as FLSA, we do not find this a reasonable accommodation.
Any thoughts on accommodations? For purpose of this discussion, I am willing to say this syndrome constitutes a disability, though that would depend--the only limitation on the employee's life activities of which we are aware is on the ability of this employee to get to work on time.

Hatchetman · November 2002

ASSUMING that the employee's specific condition falls under ADA as a disability that needs reasonable accommodation, ehy is the employee saying that a change in work hours is needed -- that is, become more flexible in or waive the start and end times? What would that do for the employee in allowing the employee to perform the essential duties of the job or to meet the essential demands of the job?

Remember, you are not obligated to go with the employee's specific request. Accommodation needs to be reasonable and effective. Thus, if there other accommodations that would work, but still require the employee to meet work hour requirements, then that would be ones you may implement. Although, in general, flexibility in start and end times would be a reasonable accommodatin, but subject to hardship considerations, when it is a more firm flexibility (e.g., you're start time is 8 a.m, but will allow you to come up to half an hour late before considering it to be disciplinary in nature).

I really, at this point, don't see the connection between an "unidentified" flexibility in start and end times and how that would accommodate the emplyee if he or she still had to drive a 100 miles each way (somewhere from 2 to 3 hours drive time, right?). And if you've documented a tardiness problem that wasn't linked to this medical issue, I think you could argue that an unidentified flexibility would not be reasonable for this employee since he or she has a tardiness problem INDEPENDENT of the medical condition.

Don D · November 2002

I too fail to see any relief that would follow should you allow the ee to report late for work. The drive is the drive. Unless she is perhaps suggesting that driving in later might mean a quicker drive since she's not competing with rush hour traffic. Why can we not expect her to accommodate her own illness by leaving the house in ample time to make a stop or two on the drive in to work? You'd have to offer me one whale of a pay package to get me to drive for 2.5 hours one way per day.

dlail · December 2002

[font size="1" color="#FF0000"]LAST EDITED ON 12-12-02 AT 10:22AM (CST)[/font][p]My understanding is that people w/ IBS suffer w/ extreme diarrhea in the a.m. or after rising, which causes the tardiness.

RT2 · December 2002

So, is it possible the symptom could be managed by getting up earlier and getting the attack done with in time to get to work, or is it your understanding that if one tends to have an attack at 7:00 a.m., one will have an attack at that time no matter if one sleeps in or gets up at 5:30?

Don D · December 2002

I suggest you speak with a medical professional to research this particular topic. Based on the fact that I see lots of pre-employment physical results, I know that we have more than a few employees with this condition. We have yet to have a tardiness or accommodation issue, so, it's my assumption that the affected employee is taking care of business.

dlail · December 2002

Well, I can't answer that. I don't know what all types medications/resulting side effects occur, and pain/tolerance thresholds vary. Maybe the employee will have to risk grossing out the supervisor in order to specify the syptoms that prevent the ee from getting to work on time. Good luck getting details from a doctor. My sister and sister-in-law both have this syndrome and deal w/ it differently. But when an attack comes, it can come without warning, and very intensely. Both of them are high maintenance, low stress tolerant individuals, which I guess predisposes them to this disorder.

DKH · December 2002

Information should be requested from the employee's doctor. In an ADA situation where an accommodation is being requested, documentation from the doctor is needed to substantiate the employee's request, and to determine whether the IBS is "substantially limiting" and is truly and ADA condition.

Has the employee applied for FMLA? If not, this is something that should be done right away.

DKH

Don D · December 2002

My recommendation to discuss this with a medical professional was based on the amount of speculation appearing in the various posts. Our HR Department is fortunate to have a very close and open relationship with the clinic of 9 doctors who give our pre-emps and handle our comp, etc. We have such a close relationship that I am allowed to use the staff's back door when I go there. Certainly I can call or visit any of the doctor's for a frank discussion on the complications this disease presents and they will frankly and openly share all their knowledge, thereby giving me an HR education on what I should know about this problem so that my speculation doesn't remain my compass. Certainly, your employee's specific personal medical problem will dictate what you must do, if anything, to accomodate, but it is always a good practice to expand our knowledge in every direction possible. Don D.

Balloonman · December 2002

They do make adult diapers, that would allow the employee to leave and not risk getting "caught" without a nearby rest room. The whole 100 mile drive and already having a tardiness issue makes the request stink, like you know what!!!!!
My $0.02 worth.
DJ The Balloonman

Irritable Bowel Accommodation

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