Legal Question in Disability Law in Illinois

Timing ofTiming of requests for reasonable accommodation

I have been working for a co. x 12 yrs & they have 10,000+ employees. A letter from my MD 1.5 yrs ago was given to them regarding my mental disability and that i might require reasonable accommodation. My problem was my ignornace of ADA rules and therefore never asked for RA [time off to rest], therefore my absences have been chalked up as excessive sick leave and i am about to be fired in 1 week. Is it too late to go back and request that those absences be attributed to the need for RA [my MD has been treating me] so as not to count towards my termination? They were on notice 1.5 yrs ago about my disability but they NEVER asked me about how they could accommodate me. Is it their or my responsibility to be informed and to make the requests. I am trying to save my job. Thank you for any suggestions/recommendations.


Asked on 4/01/07, 4:50 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Timing ofTiming of requests for reasonable accommodation

It's never too late to make the request until after you have been terminated. Although it will not look good to make the request now as opposed to earlier, it will not hurt to do it now. Additionally, the FMLA may also provide some relief depending on the exact nature of your absences and your condition. You should probably consult with an attorney as soon as possible to obtain guidance on how to approach your employer with this issue.

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Answered on 4/11/07, 10:55 pm


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