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I’m on ADA. My employer allowed me not to take the Covid vaccine and instead take weekly test for Covid as a reasonable accommodation.

I’m receiving a treatment, and my doctor says if it goes well, he might consider allowing me to take the vaccine. Maybe in the future. My doctor says, right now, I should NOT take the vaccine, but it the treatment is successful, he may reconsider.

Questions: If I hope, my treatment goes well, and my doctor reconsiders, then am I allowed to “Cancel my ADA”, and take the vaccine? Or is my ADA “non-cancellable, and I have to keep taking these weekly Covid tests, even if my doctor allows me to take the vaccine?

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    ADA accommodations are not "privileges". The accommodations allow you to work effectively where you would otherwise not be able to work, or have significant problems being as productive as someone who doesn't need accommodation. You didn't choose to have a condition that prevents you from safely taking the vaccine. The company is not doing you a favor by complying with the ADA.
    – ColleenV
    Aug 13 '21 at 17:02
  • See also law.stackexchange.com/questions/70757/… Aug 13 '21 at 18:14
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There's nothing to cancel. Your employer has made an exception for you, because of the ADA: you are not required to be vaccinated. That doesn't mean you can't be vaccinated. Once your doctor advises you that it's safe to be vaccinated, and once you are vaccinated, you no longer need the exception, but there's no need to cancel it.

As far as the weekly tests, they are required as an alternative measure because you aren't vaccinated. Once you are vaccinated, there should be no more need for weekly testing.

You may of course inform your employer that your doctor's advice changed that you were vaccinated, and that you therefore no longer require the accommodation that they offered. That should allow you to stop the weekly testing regime, but otherwise it should be the end of it, since at that point everyone should be satisfied.

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  • Thank you! So when i get a permission from my doctor, should my doctor fill out another ADA form? Or is there any formal “cancellation” process? Or it as simple as “notifying the employer verbally”
    – user39489
    Aug 13 '21 at 16:48
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    @user39489 what ADA form?
    – phoog
    Aug 13 '21 at 17:14
  • Quote: “ You may of course inform your employer that your doctor's advice changed that you were vaccinated, and that you therefore no longer require the accommodation that they offered.” Does this mean I should inform my employer, but my doctor doesn’t have to inform the employer? My doctor doesn’t have to fill out any “cancellation” form
    – user39489
    Aug 13 '21 at 17:31
  • @user39489 I still don't know what form you're talking about, but if the doctor has an obligation to inform the employer that the accommodation is no longer medically justified then that would only come into play if you wanted to continue to make use of the accommodation. Since you do not, it doesn't matter, and you don't need to concern yourself with your doctor's obligation. I have the sense that you think the accommodation was officially registered somewhere with some government office, but I don't think that's the case. I think the paperwork is for the employer's records. But ...
    – phoog
    Aug 13 '21 at 17:40
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    ... regardless, since there isn't any dispute here, your employer ought to know what paperwork is necessary, whether for their own needs or for those of any government office that they may have filed paperwork with. It seems like you and your employer are on fairly good terms; is that not the case? If it is, then you and your employer can work together to get whatever documents they might want.
    – phoog
    Aug 13 '21 at 17:46
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An accommodation under the ADA is something that the employer and the employee agree on to allow the employee to work when otherwise the conditions of the job would make it impossible, dangerous, or unproductive for the employee.

The employer is required to offer a reasonable accommodation if one is requested and is possible without undue hardship to the employer. If several reasonable accommodations would serve the purpose, the employer may choose which to offer or accept.

If conditions change so that the accommodation is no longer needed or wanted, or a different accommodation is required, the employee should notify the employer of this, and ask for a different accommodation if one is needed.

There is no special form provided by the government to register, change, or end an accommodation. The employer may have forms for its own records. If so they will be designed and provided by the employer.

The employee is not required to continue using an accommodation that is no longer needed or wanted. In some cases there may even be a duty on the part of the employee to notify the employer and stop using an accommodation if it is no longer justified.

The EEOC emphasizes that the process of reaching (or modifying) an accommodation should be flexible and individual, responsive to the particular circumstances affecting a particular employee not rule-bound.

The employee has no obligation to notify the employer that a treatment might (or might not) in future allow the employee do cease using an agreed accommodation. Once a particular accommodation is in fact no longer needed, then the employee should notify the employer.

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