Dear Operator Abernathy,
You recently requested accommodation under the Americans with Disabilities Act (ADA) in a meeting with Human Resources on October 1, 2008, for various medical and mental health conditions including Bipolar Disorder, ADHD, with severe depression and grief due to the loss of your son. The medical information from your Psychiatric Nurse Practitioner also indicated you have symptoms of PTSD including flashbacks, high anxiety, hyper vigilance, mood swings, and frequent poor sleep. In November 2008 we provided you a reasonable accommodation as outlined in Human Resources November 24, 2008 letter.
You met with Dr Harris on December 1, 2008 related to your required DOT exam in order to hold a valid CDL. At that time Dr Harris felt your emotional health was stable and medically cleared you for the remainder of two years. On December 18, 2008, after informing Dr Harris your emotional difficulties had improved, you were seeking assistance from your Assistant Manager, Greg Larson, for time off work as needed in order to attend support group meetings when you were emotionally upset, and you requested the time loss be protected due to your disability. You also requested accommodation in a January 14th email to Human Resources that you were emotionally upset on Dec 15th, 24th, and 29th and requested the protection time to cover the absences relating to yhour disability. While you indicated to Dr Harris that you were feeling much better, it appears that your disability was still not well managed. You had also requested November 1st and Dec 23 but later rescinded your request because you determined those absences were not related to your disability.
On January 16, 2009, you, Bruce Hansen, Human Resources and Ruth met to continue the ADA interactive process related to your requests for additional protected time off from work due to your disabilities. During our discussion you indicated that you did not feel that you were safe driving the bus when you were emotionally upset. Specifically, you stated that you were continuing to experience dreams that triggered your emotions, and caused you to feel stressed and upset to the point that you suffered migraine headaches brought on by crying. You stated that you didn't want to come in to work at times when you felt upset and emotional. You were afraid that you might "cause an accident" if expected to work at times when you were upset, and you didn't want anything to happen to you or your customers. We share your safety concerns about your ability to safely operate the bus.
On January 28, 2009 Ruth met with you, along with Human Resources, Bruce Hansen, to discuss concerns related to your statements that you felt unsafe to operate the bus at time when you were experiencing stress or emotional upset. In that meeting we advised you that you were required to participate in a independent evaluation by a mental health professional to determine whether you are fit for duty and before you would be allowed to return to work, and whether there is a reasonable accommodation for your disability. In regards to your request for protected time off from work, an essential function of the bus operator position is regular work attendance. A person with a disability as defined by the ADA must be able to perform the essential functions of the position with or without accommodation.
On Wednesday, February 4, 2009 you met with Dr Larry Friedman and completed the independent medical evaluation. On Tuesday, February 10, 2009 following your appointment with Dr friedman, he contacted Human Resources to report his findings. In addition to your mental health issues, you have some ongoing medical conditions that are of concern and may impact your ability to safely perform your job as a bus operator. Dr Friedman informed TriMet that your mental and physical health conditions, disabilities and prescriptions are not well-coordinated between your medical providers and psychiatric nurse practitioner. TriMet has been advised that you are not currently able to return to your duties as a bus operator. Based on the information we received from your nurse practitioner and Dr Friedman, you are required to complete the following steps to assist you in resolving your prescriptions, medical and mental health conditions and so that you are able to return to work fit for duty.
1. You are expected to seek a psychiatrist to manage the full range of your prescriptions and mental health conditions. In order to expedite this process you will need to sign a medical records release form allowing Dr Friedman to communicate with your doctor. It is your responsibility to obtain the appropriate medical care for your conditions.
2. When you have fulfilled the requirements of medical treatment you will need to authorized your treating psychiatrist to communicate with Dr Friedman, Dr Harris and TriMet that you are fit for duty and released to return to work. It will be necessary for Dr Friedman and Dr Harris to concur with your doctor that you are fit for duty before you will be allowed to return to work.
3. At the time that you are found to be fit for duty and ready to return to work it will be necessary for you to meet with me and establish the conditions that will apply following your return to duty.
Effective Wednesday, February 18, 2009, you will be taken off Paid Administrative Leave and you will be placed on Family Medical Leave due to your health condition, which will protect your time off work for up to 12 weeks. You will be compensated under the normal conditions of this leave (sick pay, vacation pay, etc). Currently you have 8 hours of paid sick time remaining in your leave bank. You will be eligible for extended sick leave in accordance with the provisions of the Working and Wage Agreement (WWA) once your sick bank is exhausted. Included with this letter is the appropriate FMLA/OFLA form that you will need to complete and return to Cynthia Kodachi in our Benefits Office. For your convenience, I have also included the extended sick leave application, which you can return directly to Standard Insurance.
I will be out of the office, returning February 23, 2009. If you have questions, concerns or would like to meet to discuss this letter, please contact Gregory Donavon and he will assist you.
Sincerely,
I will publish my feelings to this letter soon.
1 comment:
Good luck on this Luci!
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