My question involves labor and employment law for the state of: Pennsylvania.
I have been with the same employer for 25 years. Four years ago I received an accommodation under the ADA: my work schedule was changed to 10 am to 6:30 pm. My disability is due to a heart condition and rheumatoid arthritis (RA). For the past three years I have been on intermittent FMLA for the RA, which covers doctor visits, various treatments, and flare-ups of the disease. The flare-ups may cause me to miss entire days, to go home early, or to come in late. The disease is unpredictable, and varies in severity from having little or no symptoms, to near immobility. Starting last month I have a new supervisor (who was my supervisor four years ago), and he is causing problems for me. The most pressing problem right now is that he is questioning whether I can use FMLA to cover the time I miss at the beginning of my shift, since my work schedule has already been changed as an ADA accommodation. During the last 3 years under a different supervisor, there was never an issue. The symptoms of RA are worse in the morning, involving joint stiffness, and I do not want to drive if my joints are not limber enough for steering and braking. My arrival time fluctuates. A further complication in arrival time is that I have to wait for the freight elevator to get to work, since the regular passenger elevators do not stop on my floor. I am not physically able to use the stairs. The wait time for the freight elevator can be 20 minutes or longer.
The second problem I have with this new supervisor is that after I was out sick for 2 days under the FMLA, he became angry, humiliating me in front of a superior, and making comments about me being too sick to work, and asking me if I am suffering, and making other sarcastic remarks.
So my questions are: can I use FMLA to cover late arrivals even if my work schedule has been changed under the ADA? Does the use of FMLA make me "unqualified" under the ADA? Is my supervisor's behavior legal - it seems to me it is harrassment and an attempt to intimidate me so that I will not use my FMLA leave.