More and more employers are requiring that employees hold a current and valid driving license, regardless of whether driving is part of the job. As such, employees who lose their license find themselves in a bit of a predicament. If the job requires a driving license, the employee will not be able to perform their duties. If the employee needs to travel long distance to the job, they may not have any other suitable alternative. Regardless of the circumstances, you should tell your employer so that you can discuss how it will affect your job.
Your job description
A job description is not a legally binding document, so you can present an argument around the wording in the description. For instance, there is a wealth of difference between “must hold a driving license” and “travel required.” The former is pretty specific, whereas the latter does not necessarily mean that you need to have a driving license or have access to a vehicle. Furthermore, your employer may not even look to the job description but, instead, consider your case based on your performance on the job.
Before speaking to your employer, make sure that you have already arranged an alternative means of getting to and from work. That way, when you have the conversation, your employer will feel more assured that losing your license will not interview with your ability to effectively do your job.
The good news is that, in many cases, you can apply for what is referred to as a restricted license. This type of license will allow you to drive while working and get you to and from your place of work. The bad news is, restricted licenses are not an option in all states and cannot be used for commercial driving, such as delivery vehicles or taxis. You can apply for a restricted driving license by visiting your nearest DMV offices.
There are other barring factors, which will also disqualify you from receiving a restricted driving license. If you have lost your license due to DUI and refused a chemical test, you will not be able to apply for a restricted license. However, if you have been ordered by the court to install an interlocking device in your vehicle, it can actually help your application so long as you have complied with the court ruling. People who live in rural areas are also given special consideration, as they are more likely to need their own vehicle to get to and from work.
Revoked driving license due to disability
If your job requires that you hold a particular type of license in order to perform the functions of the job, you are not covered by the Americans with Disabilities Act (ADA). However, that does not mean that you can’t discuss transferring your skills to a more suitable position. If your employer has been happy with your performance in your current role, they will most likely want to keep you as an employee.
The ADA will apply, however, if you are able to keep performing the essential functions of your job but are no longer able to drive. If the loss of your license is out of your control but is not affecting your job, your employer should make reasonable adjustments. Speak to your employer about the situation and discuss any concerns you have about travelling to work due to your disability.