Taking Action: Reasonable Accommodations for Employees with IBS

I previously wrote about using intermittent leave under the Family Medical Leave Act (FMLA) to cover time missed from work due to problems caused by IBS. While FMLA does have a number of benefits, there is something more proactive one can do to protect one's ability to earn a living while dealing with the limitations imposed by IBS and other digestive diseases. Provided all the appropriate criteria are met, you can seek a “Reasonable Accommodation” under the Americans with Disabilities Act (ADA). A reasonable accommodation is a modification to your job, your workplace or the position itself based on the fact that you have a disability as defined by the ADA.

If your principal problem is lateness and/or over-extending lunch hours or break-periods due to IBS related issues, then being able to “flex” your schedule to work around your flare-ups would go a long  way toward keeping you working without fear of being penalized for not conforming to the "normal" work schedule. Fortunately, modification of an employee's work-schedule is an example of a recognized reasonable accommodation. The reasonable accommodation could take the form of a work schedule that allows time to be made up at the end of the day for lateness, or taken away from lunch-hours or other available break-time. Working extra hours outside of the normal work-day schedule to build up a "bank" of hours to use when necessary (similar to "comp time") would be another possible example. Your position could be modified to one that is “performance based” rather than one that is strictly hourly.

In order to qualify for a reasonable accommodation under the ADA, you the employee, your employer and your medical condition must all meet several fact-specific criteria. I discuss the ADA as it relates to employees with IBS and other digestive diseases in "The Americans with Disabilities Act (ADA) – An Overview for Sufferers of IBS, Crohn’s Disease and other Digestive Diseases."

Stan Wojculewski is an attorney living and practicing law in New Jersey. He decided to start http://ibsjoblaw.com after a friend that was fired from his job due to lateness and missed time caused by his Irritable Bowel Syndrome came to him for help. The intent of this site is to provide information on employment rights with a focus on the working person suffering from Irritable Bowel Syndrome, Crohn’s disease, colitis, and other digestive diseases.