Hi everyone, I apologize in advance for how long this post may be, but I really need some advice.
I basically have two issues at work that I’d like guidance on.
Back Injury & Accommodation In 2023, I was T-boned driving home from work when someone ran a red light. My car was totaled and I had to be taken to the hospital by ambulance. That accident seriously injured my back. Then in 2024, a little over a year later, I was in another car accident going to work. Thankfully it wasn’t as bad as the first, but it made my back pain worse. Then in 2025 I had a work injury where I fell down a flight of stairs, and it really hurt my back.
Ever since, I’ve been dealing with constant pain. Nothing really makes it better, I’ve had to learn to live with it. The only accommodation I asked for was to be allowed to sit when I’m not with customers (like when I’m working on the computer or if it’s slow). My manager agreed, and I even provided a doctor’s note from my pain management doctor who has treated me since 2023.
2. Schedule Accommodation About a year or two ago, I asked for my opening shift to be adjusted from 9–6 to 9–5. This is because my sister went back to school (now with three kids), and my brother and I help with babysitting, along with my parents. On top of that, my brother doesn’t have a vehicle and relies on me for transportation. He lives with me, he’s disabled but able to care for himself mostly, I’m just his only transportation.
At the time, I was the only opener and my manager had no issue with me working 9–5. We always had coverage since we’re a small retail store and the closer works 12–8 (and sometimes there’s a mid shift).
A few months ago, my schedule was adjusted so that I open only Monday and Tuesday, I’m off Wednesday and Thursday, and I close the rest of the week. My family had to make adjustments, but we managed.
The Problem Now
This week, everything suddenly changed. We were told from corporate:
• No sitting at all (even with my doctor’s note).
• Everyone must follow the same set shifts company wide: 9–6, 11–7, or 12–8.My manager wasn’t in today, but I tried my best to follow the new rules. By the end of the day, my back pain was excruciating. I texted my manager to explain my concerns, kindly but directly. He told me he doesn’t agree with the changes either and that we’ll talk to HR about it.
My Question
Am I being unreasonable for asking to keep my 9–5 on Mondays and Tuesdays, and to sit when I’m not actively helping customers? I’ve tried to be flexible, I work closing shifts the rest of the week to accommodate another employees schedule, and I’ve given a doctor’s note for the sitting accommodation.
I just don’t know if I’m asking too much or if I should push harder with HR.
Jobadvisor:
I am sorry to hear you're dealing with so much pain and stress. It's completely understandable why you're asking these questions. Let's break down your situation.
Back Injury and Sitting Accommodation
You are not being unreasonable at all. In fact, you have a strong case for an accommodation under the Americans with Disabilities Act (ADA). The ADA requires employers with 15 or more employees to provide reasonable accommodations to employees with disabilities, unless doing so would cause an "undue hardship" for the business.
Based on what you've described—three separate incidents that led to chronic back pain—it sounds like you have a qualified disability. You've also already taken the necessary step of providing a doctor's note, which is crucial. Your request to sit when not with customers is a very reasonable accommodation, as it likely doesn't fundamentally change the nature of your job or create an undue burden for your employer.
Corporate's "no sitting at all" policy, even with a doctor's note, directly conflicts with the ADA. Your manager's willingness to talk to HR is a positive sign. When you speak with HR, be prepared to formally request a reasonable accommodation for your disability, using your doctor's note as documentation. You should emphasize that this isn't a matter of personal preference but a medical necessity.
Schedule Accommodation
This situation is a bit more complex, but you are not being unreasonable here either. While employers generally have the right to set schedules, there are a few points to consider.
Precedent: Your manager previously approved your 9-5 schedule without issue, and it didn't disrupt operations.
Flexibility: You've already demonstrated flexibility by adjusting your schedule to work closing shifts for other employees.
Family Care: While family responsibilities aren't a protected class under the ADA, many companies have policies that allow for flexible scheduling to support employees' work-life balance.
However, a company-wide policy change can be a tough hurdle. If the new schedule is being enforced for everyone, HR might argue that making an exception for you would create an "undue hardship" or be unfair to other employees.
When you and your manager talk to HR, frame this request in a way that shows how the 9-5 schedule works for the business. Point out that you've been able to maintain productivity and that it doesn't affect coverage. It may be helpful to propose a solution that works for everyone, not just you.
What to Do Next
Focus on the Back Accommodation First: This is the most urgent issue and where you have the strongest legal standing. When you meet with HR, make it your primary concern. Your health is the priority, and the law is on your side.
Make a Formal Request: Use phrases like, "I would like to formally request a reasonable accommodation under the Americans with Disabilities Act for my back injury." Be specific about what you need: permission to sit when not actively assisting customers.
Document Everything: Keep a detailed record of all communications, including the text messages with your manager, any emails to or from HR, and notes from meetings. This documentation is vital.
Stand Your Ground (Politely): You are not being unreasonable. You have a legitimate medical need and have tried to be flexible. Push for the accommodations you need to do your job without being in excruciating pain.
It's clear that you've been through a lot and have gone above and beyond to be a flexible and reliable employee. Don't feel guilty for asking for what you need to manage your health and personal life. Your well-being is important, and you have every right to advocate for it.
Do you have any questions about the best way to present this to HR?