We recently received an inquiry regarding accommodation options for individuals who are receiving dialysis and are taking time off work to seek the treatment. Employers who are evaluating these types of requests under the Americans with Disabilities Act (ADA) may be unsure of the options that can be presented to the employee to lessen the impact on both the individual and the business when a good amount of time is taken away from work. Some individuals receiving dialysis may be able to continue to work with accommodations, in lieu of taking time off work or a leave of absence, depending on their individual needs.
Dialysis is needed when the body alone can no longer remove enough waste products to sustain life. Individuals who are experiencing chronic kidney disease may need dialysis before having a kidney transplant. There are two types of dialysis: hemodialysis and peritoneal dialysis. For more specific information on the two types of dialysis, visit JAN’s page on Accommodation Ideas for Renal/Kidney Disease. Accommodations for individuals who require dialysis differ dramatically from one person to another.
Accommodation ideas can include:
- performing peritoneal dialysis in the office, which would likely require access to storage materials, flexible scheduling, a private and clean area with a cot, and proper biohazard disposal (there are no needles),
- flexible use of leave time,
- modified attendance policies,
- working from home,
- providing a laptop, tablet device, or wearable technology, possibly with a data plan, that would allow the individual to perform some work from a dialysis center,
- adjusting break times to allow an individual to rest if experiencing fatigue,
- reassignment to a position that is less physically demanding and/or allows for flexible leave, telework, etc.,
- reassignment to a part time position,
- transferring the individual to a position that is closer to home or a dialysis facility.
Some individuals may not be able to perform aspects of their job remotely; consequently, an adjusted or modified schedule or leave as an accommodation may be the focus of the interactive process. JAN offers information on leave as an accommodation that an employer may want to review. For many occupations, some work can be performed away from the worksite including receiving and responding to emails, writing and editing documents, or developing presentations. With appropriate IT applications and cloud computing, working remotely has become much more feasible. This option will, of course, depend on the nature of the job and the information that the individual may need to access. The types of accommodations available will vary greatly. Generally, an employer would want to consider how much time away from the workplace is needed; whether a schedule can be modified to allow the employee to make up time (i.e., adjusting arrival/departure times); whether work can be performed remotely; and any barriers that might exist that would prevent the employee from performing essential functions of the job in a different way. JAN consultants are happy to offer support to employers and individuals making requests for accommodations related to dialysis.
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