My employer is trying to take away my medical accommodation?

I have a epilepsy and chronic migraines so my employer a fortune 500 company accommodated me by allowing me to work from home. Recently I have missed work due to my medical condition causing my sales performance to decline. All of my absences have be reported under my intermittent FMLA. I am not on any discipline for my performance but because I am not in the top 25% my employer is now making me come back into the office. My employer knows I live 50 miles away from the office, had a siezure last week, and that I can’t drive for 90 days. Can my employer take away my accommodation?

Asked on July 14, 2012 under Employment Labor Law, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I think that you are quite protected with a documented disability but if your employer must accomodate same is best discussed with an attorney in your area who can look at the paperwork involved and go from there.  Documentation is key here and you seem to have done the right thing. Your accommodation should not be subject to your status as a job performer.  Good luck.

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