Legal Question in Disability Law in Massachusetts
Job related stress
How does an employer accomodate an employee with
a preexisting disability (anxiety and depression dis-
order) if the work environment exacerbates the symptons causing the employee to seek mental health treatment? The mental health provider advised the employee to stay out of work until her stress/anxiety symptons were stabilized. The employee returned after 2 weeks. The employee has since required more sick time off due to work-related stress supported by a visit to the mental health provider. The employer is now asking for a Doctor's note if the employee is out of work again requiring earned sick time.
1 Answer from Attorneys
Re: Job related stress
The employer is correct in requesting a letter from your doctor. Your doctor must make a request for a reasonable accommodation and describe if possible the parameters of what that accommodation must be.
Remember, an employee must be able to perform
the ESSENTIAL FUNCTION of the job with a
reasonable in order to be qualified as an individual with a handicap.
If you cannot perform the essential functions of
your even WITH a reasonable accommodation, then
your employer has no obligation.
There is, of course, a possibility that there is
ANOTHER job within the company you CAN perform with a reasonable accommodation, but your employer will not know that until it hears from yur doctor to know what the doctor believes you can and cannot do.
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