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Old 02-23-2014, 01:52 PM   #1
BadDad
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Medical Termination

My D is in the WDWCP, facing some medical issues, in K-12 she had a 504 (children with chronic illness) she's facing issues with being on her feet all day and working overtime. Her manager indicated that she may face medical termination.
What is that?
What are its effects on her future employment?
How does the ADA not protect her?
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Old 02-23-2014, 05:10 PM   #2
Gracie09
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Has she asked for a reasonable accommodation of her problem? Is she able to perform her job functions with the accommodation ?

No company has to proactively provide an accommodation to a disabled employee. The employee has to request the accommodation. He or she also has to be able to perform the essential job functions with the accommodation. Disney also doesn't have to provide personal aids such as a wheelchair if that is what she would need to perform her job. Working in a theme park usually means long hours, mandatory ot, and on your feet a good deal of the day.
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Old 02-25-2014, 05:23 PM   #3
Musings
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To clarify a few things, the work world is entirely different than a school system situation.

I went through quite a few things. But there are a few options.

1) She can get a doctor's note and get some restrictions and ask to be transferred to a role that will be easier on her. I doubt they can get rid of the long hours though, some roles have set hours but it entirely depends on the availability and be warned with this option, once they have the note, you can't go back. They will either find a role that fits her or she will go home. She won't have a restricted rehire status.

2) As for mentioning ADA, no this is not covered under ADA. ADA covers if the employee is otherwise able to do the job fully they can have accommodation. If it puts an undue hardship on the employer, then they do not have to accommodate the situation. If she is unable to stand on her feet for long hours and the role requires it, then ADA does not cover her. But if she had a wheelchair, they could not discriminate against her in that situation.

The difference is whether she is able to perform the essential key components of the job.

OT is part of being in the CP, it is mandatory and there is no way to get around that.

2) What Medical Termination means is she won't have a restricted rehire status but she will just be sent home early. Usually CPs that leave under such a situation leave in good standing. But it is not a good situation to force them to terminate you.

So given the situation, she has a few options.

She will either need to push herself to be able to do it (and if she is not legitimately capable of doing it), then I would suggest the doctor's note route. It is taking a risk that they have no roles available and it depends on what kind of accommodations she needs. Shorter hours isn't necessarily one they can fulfill but there can be other types. Just be careful about this. Too many restrictions and they won't be able to help her out. If it is late night hours, they may be able to help her.

This is coming from a former CP who has dealt with having a chronic condition. I finished my CP successfully but you have to keep in mind that the CP is hard on people without conditions. So it is not just your daughter struggling, even a perfect healthy person struggles with the type of long hours and mandatory OT that the CP program entails. The CP program is not easy.

I don't know your daughter's limitations but she needs to realistically look at the situation, at whether she can push herself, and if she can adjust her own habits off of work to make it easier for when she does work. Whether that means sleeping more often or such...if there are things she is doing that is making it worse.

My condition has made it so that I make sure that I am healthy in every other way, sometimes I chose to sleep rather than going out to the parks because I knew I needed to work the next day. I don't know your daughter's limitations and I know only she knows how far she can push herself and what she can or can't do. She needs to figure that out and figure out what that means for the CP program. If they're considering termination, it'd be better to figure that out now rather than later.

ADA will not cover this situation generally if it is the longer hours or mandatory OT. What it will require is they attempt to find a role that matches her limitations and if they can't, she will be sent home. So it is a ground to walk very carefully.

But also warn her about oversharing her condition with managers. It makes them concerned about liability issues and Disney tends to overreact.
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Old 02-26-2014, 01:59 AM   #4
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Actually, not all CPs get overtime. It depends on your location. I worked merchandise in a resort and I was scheduled about 35 hours every week, even during Christmas.
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