What to do if I’m a dialysis patient and I have a 9 hour per day, 5 day week restriction?

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What to do if I’m a dialysis patient and I have a 9 hour per day, 5 day week restriction?

I continue to have more work given to me and I cannot get it completed within the 9 hours. One of the managers on 2nd shift is working 15-16 hours per day. My work is being compared to someone who works 6 hours more per day than I do. Now my performance is being questioned. Can they let me go for poor performance when I don’t have enough time to complete the work?

Asked on August 4, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

While an employer needs to make "reasonable accomodations" to someone with a medical condition which would qualify as a disability, that only means they have to make some modest changes to how the job is done, or provide some not-too-expensive assistive technology or devices, to help the disabled employee do his/her job. The employer does not have to reduce the amount of work the employee must do; if the employee cannot do his/her job because of his/her disability--which in this case, means can't work the hours required--the employer may legally terminate him or her. You may be in a job that is not suited to someone with a restriction on number of hours worked. The employer can, as noted, give you more work that you can handle, so long as it is not singling you out for extra work; but from what you write, there are other employees who work the extra hours, so you do not appear to be singled out.


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