Aa
How to Protect Myself from a less than Sympathetic Employer
I have an employer that is questioning the validity of my illness. Since I just started trying to find out what's wrong and only have a preliminary diagnoses that it may be MS, I am reluctant to say that at work. I tried to obtain some sort of letter from my family doctor stating that I am in the process of having test to better identify abnormalities found in earlier tests, but I was unable to get that done today thanks to his guard dog he refers to as his assistant.
His assistant said that I could have a prescription stating I am under doctors care, but a letter wouldn't be available until sometime next week. I got po'd and hung up on her.
So, my question is, how best to protect myself from a less than understanding and ethical employer. I keep being told to fill out an FMLA form, but from what I've read, that is for unpaid leave and that is not what I am looking for.
Since the two most serious symptoms are dizziness (I drive 80 miles a day) and confusion or understanding of simple and less than simple conversation, at this time my job is impacted. I work in a highly stressful position that is in an extremely stressful environment. Obviously that does not help the situation and locating another job at this point is not an option.
I have Long Term Disability Insurance, however I really don't want to stop working, but I cannot survive where I am at.
I realize what I've stated is vague, but does anyone have any suggestions, or questions that might help you provide a suggestion or two?
His assistant said that I could have a prescription stating I am under doctors care, but a letter wouldn't be available until sometime next week. I got po'd and hung up on her.
So, my question is, how best to protect myself from a less than understanding and ethical employer. I keep being told to fill out an FMLA form, but from what I've read, that is for unpaid leave and that is not what I am looking for.
Since the two most serious symptoms are dizziness (I drive 80 miles a day) and confusion or understanding of simple and less than simple conversation, at this time my job is impacted. I work in a highly stressful position that is in an extremely stressful environment. Obviously that does not help the situation and locating another job at this point is not an option.
I have Long Term Disability Insurance, however I really don't want to stop working, but I cannot survive where I am at.
I realize what I've stated is vague, but does anyone have any suggestions, or questions that might help you provide a suggestion or two?
Mark,
The too old comment includes my 1st neuro visit - he told me one of the things that made him hesitate to call it MS was my age - at 53 he said I fell out of the 20-40 typical range. Boy did that raise the ire of everyone on this board.
Laura
The too old comment includes my 1st neuro visit - he told me one of the things that made him hesitate to call it MS was my age - at 53 he said I fell out of the 20-40 typical range. Boy did that raise the ire of everyone on this board.
Laura
Yes, you sound better! We are great believers here in taking steps for ourselves. It gives us control of events and protects us from surprises.
I think your actions were superb. Since you have done so much, you can probably skip the attorney unless you start to get a feeling the management is trying to circumvent the law.
Good job!
Now, you know that we expect a FULL report after your neuro visit. We get all invested in this stuff. Whatever, don't let him/her say anything about being too old! Did you see our comments on your medical story?
Quix
I think your actions were superb. Since you have done so much, you can probably skip the attorney unless you start to get a feeling the management is trying to circumvent the law.
Good job!
Now, you know that we expect a FULL report after your neuro visit. We get all invested in this stuff. Whatever, don't let him/her say anything about being too old! Did you see our comments on your medical story?
Quix
Congrats on the new guitar - now its time to start composing some tunes to go with these days....
I'm glad to hear you are on the road to dx with the neuro on Tuesday and it sounds like you feel much better now that you have openly discussed the possibilities with your employer.
Enjoy the weekend,
Laura
I'm glad to hear you are on the road to dx with the neuro on Tuesday and it sounds like you feel much better now that you have openly discussed the possibilities with your employer.
Enjoy the weekend,
Laura
Wow, a lot to digest in the two threads I posted.
First, the name Justrum comes from a forum name I use Just Strum. I thought Justrum sounded like a real name (like Justin) so that is what I use. Real is Mark, but Mark or Justrum is fine with me.
I'll tell you what I did yesterday and in the process it will answer some questions that was asked and probably create reason for new ones.
On Thursday the doctor wrote a perscription stating I was in his care and would be subject to upcoming testing.
Friday: Took the prescription and upon arriving at work went to HR and requested the FMLA forms, also got info on the STD and the LTD insurance. I have vacation time and I am salary so I don't really have a noted limitation of sick days. The FMLA was more for legal purposes to put the company on notice that I am ill and further testing will be required. I also told them as of right now the indication is a low probability of a stroke and a higher probability that it is MS, however both could be ruled out if it is found to be something else.
Someone asked my how long I worked there - 15 years this coming January.
Fortunately I have STD and LTD. I was also glad to read the post about shortened hours and the impact it has on payment. I told them that my goal is to stay on and maybe make necessary adjustments so that I can maintain a contribution to the company and my co-workers. I told them that I will not stay on if my dignity is jeopardized. I sighted a co-worker that is dying from cancer and lingers on. Work has treated him well, but I don't ever want that to be me. Another employee left work at the end of the day and dropped over dead a couple hours later. His mistake, he never took the time from work to see a doctor (a mistake I have made at the time of my heart attack and started to make again). I made it very clear to them that this time around my health and family come first and work will have to take a backseat.
Yesterday was a struggle. I was extremely dizzy driving to and from work, and got sick on the way in. Actually had some pretty big dizzy episodes at work, which really isn't too common. I tend to feel better around 9 - 10:00 and usually last until about 3:00. Unfortunately that makes both drives difficult. I am also discovering that when I first get in the car I am ok, but within 5 to 10 miles of driving I start to get lightheaded.
I have the appointment with the neurologist this Tuesday and then we will go from there.
Oh, and I got a new guitar yesterday. I nice acoustic guitar (I use to have 5 of them, but sold them).
I'm sure there are questions I missed, but this will have to due for now.
First, the name Justrum comes from a forum name I use Just Strum. I thought Justrum sounded like a real name (like Justin) so that is what I use. Real is Mark, but Mark or Justrum is fine with me.
I'll tell you what I did yesterday and in the process it will answer some questions that was asked and probably create reason for new ones.
On Thursday the doctor wrote a perscription stating I was in his care and would be subject to upcoming testing.
Friday: Took the prescription and upon arriving at work went to HR and requested the FMLA forms, also got info on the STD and the LTD insurance. I have vacation time and I am salary so I don't really have a noted limitation of sick days. The FMLA was more for legal purposes to put the company on notice that I am ill and further testing will be required. I also told them as of right now the indication is a low probability of a stroke and a higher probability that it is MS, however both could be ruled out if it is found to be something else.
Someone asked my how long I worked there - 15 years this coming January.
Fortunately I have STD and LTD. I was also glad to read the post about shortened hours and the impact it has on payment. I told them that my goal is to stay on and maybe make necessary adjustments so that I can maintain a contribution to the company and my co-workers. I told them that I will not stay on if my dignity is jeopardized. I sighted a co-worker that is dying from cancer and lingers on. Work has treated him well, but I don't ever want that to be me. Another employee left work at the end of the day and dropped over dead a couple hours later. His mistake, he never took the time from work to see a doctor (a mistake I have made at the time of my heart attack and started to make again). I made it very clear to them that this time around my health and family come first and work will have to take a backseat.
Yesterday was a struggle. I was extremely dizzy driving to and from work, and got sick on the way in. Actually had some pretty big dizzy episodes at work, which really isn't too common. I tend to feel better around 9 - 10:00 and usually last until about 3:00. Unfortunately that makes both drives difficult. I am also discovering that when I first get in the car I am ok, but within 5 to 10 miles of driving I start to get lightheaded.
I have the appointment with the neurologist this Tuesday and then we will go from there.
Oh, and I got a new guitar yesterday. I nice acoustic guitar (I use to have 5 of them, but sold them).
I'm sure there are questions I missed, but this will have to due for now.
I do have a final (probably not) thought. In terms of revealing what the problem is or may be. If your symptoms are causing your work product to deteriorate, you seem excessively fatigued (to your coworkers and boss) at work, or your attendance has become erratic then you need to consider letting someone in the higer ups know.
When people are faced with a mystery, it is human to start supplying answers to the mystery. The most common reason for the behaviors above in the eyes of administrators is alcohol or drug abuse. I have seen several occasions when someone was having family or health problems and not telling anyone why they were missing work. When they finally told (if they hadn't already been fired) they boss said that he had been sure they were on drugs.
Finally, finally - Sometimes a disability policy will have a provision in it that you can work part time or at reduced hours and still preserve the full salary if you go our on complete disability. It is to the company's benefit to delay full disability and get all the work they can out of you. Again, this is another reason to consult an attorney. An option is to consult HR, but HR is not always your friend. They are supposed to be, but it depends on the relationship between them and the workplace administration.
Quix
When people are faced with a mystery, it is human to start supplying answers to the mystery. The most common reason for the behaviors above in the eyes of administrators is alcohol or drug abuse. I have seen several occasions when someone was having family or health problems and not telling anyone why they were missing work. When they finally told (if they hadn't already been fired) they boss said that he had been sure they were on drugs.
Finally, finally - Sometimes a disability policy will have a provision in it that you can work part time or at reduced hours and still preserve the full salary if you go our on complete disability. It is to the company's benefit to delay full disability and get all the work they can out of you. Again, this is another reason to consult an attorney. An option is to consult HR, but HR is not always your friend. They are supposed to be, but it depends on the relationship between them and the workplace administration.
Quix
You raise a very important point, which serves as a caution to those considering going from full- to part-time due to their illness:
"As I was becoming sick, I stuck with my work far longer than I should have. In the meantime I accepted less and less income, so that I could remain working. My long term disability policy also paid a percentage of "my income AT THE TIME OF GOING OUT ON DISABILITY." So I was lowering my ultimate income all along. It is something to consider and it is to the employers benefit to get you on as low a salary as possible before you end up on disability."
This is EXACTLY my current concern. I have been off work on paid short-term disability (2/3 of my regular salary) for several months. I am in the process of working with my employer to develop a gradual return to work plan. The accommodations I need are: flexibility of my work hours; working some of my hours each week from home; and installation of voice recognition software. I have a very supportive employer and I have no concerns about accommodation. It certainly helps that I work in HR and am well-versed in both our workplace polices and the human rights legislation in my province. So that's all good.
HOWEVER, I do worry about the future impact on my income, should I find I am unable to work full-time, and then eventually end up on LTD at some point, which is not a given but certainly well within the realm of possibility. Say it turns out I only handle 20 hours per week, which right now is about all I feel I could do. 2/3 of my full salary is still a very good income for me; however, 2/3 of half my salary is not!
In addition to the impact on future LTD payments, a reduced schedule/salary while you are still working will result in lower pension contributions. In my case this would include both my private employer plans, as well as CPP.
This is something to think seriously about before making any changes to your work schedule. Working part-time would be an optimum situation for many of us with this chronic and unpredictable disease, in terms of both physical and mental health. Unfortunately, for optimum financial security, this decision seems like an all or nothing proposition.
db
"As I was becoming sick, I stuck with my work far longer than I should have. In the meantime I accepted less and less income, so that I could remain working. My long term disability policy also paid a percentage of "my income AT THE TIME OF GOING OUT ON DISABILITY." So I was lowering my ultimate income all along. It is something to consider and it is to the employers benefit to get you on as low a salary as possible before you end up on disability."
This is EXACTLY my current concern. I have been off work on paid short-term disability (2/3 of my regular salary) for several months. I am in the process of working with my employer to develop a gradual return to work plan. The accommodations I need are: flexibility of my work hours; working some of my hours each week from home; and installation of voice recognition software. I have a very supportive employer and I have no concerns about accommodation. It certainly helps that I work in HR and am well-versed in both our workplace polices and the human rights legislation in my province. So that's all good.
HOWEVER, I do worry about the future impact on my income, should I find I am unable to work full-time, and then eventually end up on LTD at some point, which is not a given but certainly well within the realm of possibility. Say it turns out I only handle 20 hours per week, which right now is about all I feel I could do. 2/3 of my full salary is still a very good income for me; however, 2/3 of half my salary is not!
In addition to the impact on future LTD payments, a reduced schedule/salary while you are still working will result in lower pension contributions. In my case this would include both my private employer plans, as well as CPP.
This is something to think seriously about before making any changes to your work schedule. Working part-time would be an optimum situation for many of us with this chronic and unpredictable disease, in terms of both physical and mental health. Unfortunately, for optimum financial security, this decision seems like an all or nothing proposition.
db
My sister in law's brother was a victim of lowering his work hours before going on LTD. So now his LTD is based on part time income.
Yes, a Health Page is a great idea.
Elaine
Yes, a Health Page is a great idea.
Elaine
Absolutely! I was just about to suggest that. It takes a lot of fear out of working with a disability and problems that diseases like MS tosses your way.
Deb
Deb
I cerainly am not the voice of doom. Here in the states we have some good protections against the kind of employer you describe.
Oh, BTW, Welcome to the Forum. I hope you find a good place here. We have several men and more is better. Just scream if the estrogen goes into overload.
The first thing you need to do is go the the websites for the ADA (Americans with Disabilities Act) and familiarize yourself with the protections described there. The stuff is written for Everyman and is quite readable. I was married for 20 years to a blind man and we needed to invoke the protections of the ADA a couple times.
Next, do understand the protections and limitations of FMLA (Family Medical Leave Act). It can be used in more than one way. One is to afford you days off (without pay) to do your needed doctor/testing stuff. You'll have to check, but, if memory serves me, you can have up to 12 weeks per year on this. There is an anti-retaliation clause that can place stiff penalties for an employer who fires or harasses an employee under this. It is not the same as short term leave, though, depending on the wording of your short term leave policy there may be overlap (as in waiting periods). The FMLA site has the form that is needed to be filled out by your doctor for you to download. It lists the various circumstances that you might need to use the days of FMLA leave - shcuh as intermittently to go to doctors appointments or to things like physical therapy.
I have helped a family member (who knew her time at the job was doomed) use FMLA to control the way she left the company and use it to ensure she was not fired, but was allowed to apply for unemployment and also get some other perks.
Once you are basically familiar with the ADA and FMLA, then you need to start documenting all of the little things that let you know the attitude toward your illness is becoming hostile. This means collecting any notes, HR memos, emails, or disciplinary actions taken. Keep them in a file.
This next one is important. Along with getting the info mentioned above, get a little notebook with fixed (bound pages - not looseleaf) and begin noting anything said to you that sounds critical of your illness or threatening about your job. The way you do this is to write the date and decribe the circumstances and who said it. Then in quotes state what was said to you. That's all. For the next entry do not skip any lines. Do the same thing. You can, and probably should make a short entry for anything that you got, even if it was casual, in writing or email. Never skip a line between entries. You do not need to make any comments or interpretations about all of this, but you can.
The reason for the journal/diary is to document what is happening to you to make you think your employer or manager or foreman is hostile to your illness or think that your job may be in jeopardy. ALWAYS make the entry in the diary as soon after it happens as possible. Do not go back and write things that happened in the past, except in the very beginning as the reason you started the journal.
This is the rationale behind the journal/diary. Later, if there ever are legal repercussions about your illness (Wrongful termination, Hostile Work Environment, Demotions) the notes you make "at the time something happened" will stand as a contemporaneous documentation of what happened. The court will see them as "truth." They will not accept a later summary of what happened in the same way. Later you could be skewing events or misremembering events. But, notes taken at the time things happened are given great importance. My exH prevailed in such an action against a HUGE and well-known company by using this very method. (I later put him through law school)
Also, read the language of your short term disability policy and also of the LTD policy.
Finally, in the beginning it is worth the money to go to a highly respected Disability Rights attorney for a consultation. This is well worth a couple hundred dollars or whatever it might be. That way you can be guided against making the common mistakes that people make when they begin having a chronic or disabling illness and do not have an understanding employer. The attorney will likely want to see the STD and LTD policies also.
These steps will help keep you from feeling like you are navigating land mines and will help keep you from feeling that all is beyond your control. Before the ADA and the FMLA people had very little protection. The disabilities legislation from the seventies was all talk and had no teeth. The ADA is a much more powerful tool.
We all understand that you are not looking for a free ride. But, if this is MS, you may need some accomodations to allow you to remain being productive.
One last thing. Sorry, you'll find that I am horribly long-winded. I'm jumping the gun here a little bit, but it is a warning about something that happened to me. As I was becoming sick, I stuck with my work far longer than I should have. In the meantime I accepted less and less income,so that I could remain working. My long term disability policy also paid a percentage of "my income AT THE TIME OF GOING OUT ON DISABILITY." So I was lowering my ultimate income all along. It is something to consider and it is to the employers benefit to get you on as low a salary as possible before you end up on disability.
So, there really are protections for you and ways to navigate all of this that don't end up in your getting fired. Get some knowledge and some legal advice from the getgo.
Again, good to have you here. Later I will answer your first post about what you are going through medically.
Quix
Oh, BTW, Welcome to the Forum. I hope you find a good place here. We have several men and more is better. Just scream if the estrogen goes into overload.
The first thing you need to do is go the the websites for the ADA (Americans with Disabilities Act) and familiarize yourself with the protections described there. The stuff is written for Everyman and is quite readable. I was married for 20 years to a blind man and we needed to invoke the protections of the ADA a couple times.
Next, do understand the protections and limitations of FMLA (Family Medical Leave Act). It can be used in more than one way. One is to afford you days off (without pay) to do your needed doctor/testing stuff. You'll have to check, but, if memory serves me, you can have up to 12 weeks per year on this. There is an anti-retaliation clause that can place stiff penalties for an employer who fires or harasses an employee under this. It is not the same as short term leave, though, depending on the wording of your short term leave policy there may be overlap (as in waiting periods). The FMLA site has the form that is needed to be filled out by your doctor for you to download. It lists the various circumstances that you might need to use the days of FMLA leave - shcuh as intermittently to go to doctors appointments or to things like physical therapy.
I have helped a family member (who knew her time at the job was doomed) use FMLA to control the way she left the company and use it to ensure she was not fired, but was allowed to apply for unemployment and also get some other perks.
Once you are basically familiar with the ADA and FMLA, then you need to start documenting all of the little things that let you know the attitude toward your illness is becoming hostile. This means collecting any notes, HR memos, emails, or disciplinary actions taken. Keep them in a file.
This next one is important. Along with getting the info mentioned above, get a little notebook with fixed (bound pages - not looseleaf) and begin noting anything said to you that sounds critical of your illness or threatening about your job. The way you do this is to write the date and decribe the circumstances and who said it. Then in quotes state what was said to you. That's all. For the next entry do not skip any lines. Do the same thing. You can, and probably should make a short entry for anything that you got, even if it was casual, in writing or email. Never skip a line between entries. You do not need to make any comments or interpretations about all of this, but you can.
The reason for the journal/diary is to document what is happening to you to make you think your employer or manager or foreman is hostile to your illness or think that your job may be in jeopardy. ALWAYS make the entry in the diary as soon after it happens as possible. Do not go back and write things that happened in the past, except in the very beginning as the reason you started the journal.
This is the rationale behind the journal/diary. Later, if there ever are legal repercussions about your illness (Wrongful termination, Hostile Work Environment, Demotions) the notes you make "at the time something happened" will stand as a contemporaneous documentation of what happened. The court will see them as "truth." They will not accept a later summary of what happened in the same way. Later you could be skewing events or misremembering events. But, notes taken at the time things happened are given great importance. My exH prevailed in such an action against a HUGE and well-known company by using this very method. (I later put him through law school)
Also, read the language of your short term disability policy and also of the LTD policy.
Finally, in the beginning it is worth the money to go to a highly respected Disability Rights attorney for a consultation. This is well worth a couple hundred dollars or whatever it might be. That way you can be guided against making the common mistakes that people make when they begin having a chronic or disabling illness and do not have an understanding employer. The attorney will likely want to see the STD and LTD policies also.
These steps will help keep you from feeling like you are navigating land mines and will help keep you from feeling that all is beyond your control. Before the ADA and the FMLA people had very little protection. The disabilities legislation from the seventies was all talk and had no teeth. The ADA is a much more powerful tool.
We all understand that you are not looking for a free ride. But, if this is MS, you may need some accomodations to allow you to remain being productive.
One last thing. Sorry, you'll find that I am horribly long-winded. I'm jumping the gun here a little bit, but it is a warning about something that happened to me. As I was becoming sick, I stuck with my work far longer than I should have. In the meantime I accepted less and less income,so that I could remain working. My long term disability policy also paid a percentage of "my income AT THE TIME OF GOING OUT ON DISABILITY." So I was lowering my ultimate income all along. It is something to consider and it is to the employers benefit to get you on as low a salary as possible before you end up on disability.
So, there really are protections for you and ways to navigate all of this that don't end up in your getting fired. Get some knowledge and some legal advice from the getgo.
Again, good to have you here. Later I will answer your first post about what you are going through medically.
Quix
Mark,
I also post on a womens heart board and went back and found this discussion about FMLA - toward the end you will find a post from a lawyer about FMLA that may help - I've also copied her reply after the url is you just want to read her response.
http://www.inspire.com/groups/womenheart/discussion/going-back-to-work-soon/
"I am an employment attorney, former HR Director, and MI and SCA survivor (4/26/06). It is true that the FMLA provides 12 weeks of unpaid leave, IF your employer employs 50+ employees within a 75-mile radius of your work location. You are eligible IF you have worked for your employer at least 1250 hours in the past 12 months. By the way, under FMLA you can take what is called "intermittent leave." If you doctor says you can only work, for example, 6 hour days, you can work 6 hours and take the rest of the day as FMLA leave. That leave can be taken (and docked 2 hours per day under this example) until you have exhausted your normaly number of hours per week x 12 weeks.
There is another law that also could have some impact on you. It is called the Americans with Disabilities Act (ADA). Under the ADA, IF you have an "impairment" (you definitely do) that causes you to be "substantially limited in a major life activity" (which I don't know) you must be given a "reasonable accommodation" that will allow you to perform your "essential job functions" (if a reasonable accommodation exists and does not pose an "undue hardship" on your employer). These quoted terms all have legal meanings and this law may or may not be helpful to you, mostly depending on whether your condition is bad enough to substantially impair you on more than a temporary basis. You might consider [this is NOT legal advice! :) ] using intermittent FMLA when you return to work (your doctor will have to fill out paperwork about your need for this, which they are very used to doing), and if you just can't keep up even with the intermittent FMLA leave but you think there is something your employer could let you do that would make it possible for you to do so (like sit on a stool while you work, for example), go to your HR department and ask them to accommodate you. You cannot be retaliated against for exercising your rights under the ADA. Hope you (and maybe others) find this information helpful."
I hope the beauty sleep worked!
Laura
I also post on a womens heart board and went back and found this discussion about FMLA - toward the end you will find a post from a lawyer about FMLA that may help - I've also copied her reply after the url is you just want to read her response.
http://www.inspire.com/groups/womenheart/discussion/going-back-to-work-soon/
"I am an employment attorney, former HR Director, and MI and SCA survivor (4/26/06). It is true that the FMLA provides 12 weeks of unpaid leave, IF your employer employs 50+ employees within a 75-mile radius of your work location. You are eligible IF you have worked for your employer at least 1250 hours in the past 12 months. By the way, under FMLA you can take what is called "intermittent leave." If you doctor says you can only work, for example, 6 hour days, you can work 6 hours and take the rest of the day as FMLA leave. That leave can be taken (and docked 2 hours per day under this example) until you have exhausted your normaly number of hours per week x 12 weeks.
There is another law that also could have some impact on you. It is called the Americans with Disabilities Act (ADA). Under the ADA, IF you have an "impairment" (you definitely do) that causes you to be "substantially limited in a major life activity" (which I don't know) you must be given a "reasonable accommodation" that will allow you to perform your "essential job functions" (if a reasonable accommodation exists and does not pose an "undue hardship" on your employer). These quoted terms all have legal meanings and this law may or may not be helpful to you, mostly depending on whether your condition is bad enough to substantially impair you on more than a temporary basis. You might consider [this is NOT legal advice! :) ] using intermittent FMLA when you return to work (your doctor will have to fill out paperwork about your need for this, which they are very used to doing), and if you just can't keep up even with the intermittent FMLA leave but you think there is something your employer could let you do that would make it possible for you to do so (like sit on a stool while you work, for example), go to your HR department and ask them to accommodate you. You cannot be retaliated against for exercising your rights under the ADA. Hope you (and maybe others) find this information helpful."
I hope the beauty sleep worked!
Laura
I need my beauty sleep, but I plan on replying to some of the questions.
And Laura, are we twins??? I had a heart attack two years ago August 4th - getting older ***** (note, I said getting older, not getting old).
On a positive note, a couple that I've communicated with on various guitar forums over the past two years called me tonight and we spoke to each other for the first time. We had about a one hour conversation and it was like talking with old friends - lifted my spirits.
Later everyone and thanks for the response, catch you over the weekend.
And Laura, are we twins??? I had a heart attack two years ago August 4th - getting older ***** (note, I said getting older, not getting old).
On a positive note, a couple that I've communicated with on various guitar forums over the past two years called me tonight and we spoke to each other for the first time. We had about a one hour conversation and it was like talking with old friends - lifted my spirits.
Later everyone and thanks for the response, catch you over the weekend.
I'm assuming you're in the states? Not that it matters, voice of doom here I'm afraid. Deb made a good but saddening point, which I can verify with personal experience. Employers will always find a way to get around legislation. If they are not sensitive to your disability, you may fight with them, you may win, but you'll not get them to change. If you can, maybe look for another job. I tried two different approaches in my work as for a long time my disabilities were 'hidden', not so much now I use a cane. Not telling employers my problems and then being unable to do tasks made me quickly unpopular, so in future jobs I was honest and upfront from the outset about my limitations. There was so much reassurance of support etc., with all the awarenes of our disability discrimination act (I'm British). When it came to the daily grind though I was watched and judged like no other employee, given the worst parts of the job and excluded and criticized endlessly. The message was clear, they had to accept my disability by law, but they didn't have to make my work environment pleasant. Discrimination exists. Human nature is what it is. Fighting takes energy, which takes health. Your decision, but I would be tempted to look for another post, or if at all possible, work for yourself. At least you will always have an understanding boss!
It's not all negative. We as a culture in the western world (can't speak for the rest as don't know enough), have started to move on. It was not that long ago that the disabled were institutionalized and medicalized all their lives, deemed as second class citizens. Legislation has put us in our rightful place in society, we just have to wait for prejudice to catch up. Think about the fights in the past for black civil rights, feminism, gay rights. Disability has just started in the last decade or so to be treated as a political issues, and the workplace is still not yet with us. Its hard, and I'm sorry.
It's not all negative. We as a culture in the western world (can't speak for the rest as don't know enough), have started to move on. It was not that long ago that the disabled were institutionalized and medicalized all their lives, deemed as second class citizens. Legislation has put us in our rightful place in society, we just have to wait for prejudice to catch up. Think about the fights in the past for black civil rights, feminism, gay rights. Disability has just started in the last decade or so to be treated as a political issues, and the workplace is still not yet with us. Its hard, and I'm sorry.
I warned you that the people on this site are wonderful, didn't I? LOL These people all know so much.
After my heart attack my HR officer wanted me to file for FMLA "protection" which in my case was not necessarily to my advantage. It wasgoing to protect them more than me from what I understood. I went back to work in 9 days to be under the 10 day requirement at my place of empluyment to start the FMLA clock ticking. A good friend at work had breast cancer and DID start the FMLA clock and is very happy she did - they have accomodated her need to be off for treatents as well as working shortened hours.
I wish you had a HR officer who you could speak with candidly about your situation.
Good luck,
Laura
After my heart attack my HR officer wanted me to file for FMLA "protection" which in my case was not necessarily to my advantage. It wasgoing to protect them more than me from what I understood. I went back to work in 9 days to be under the 10 day requirement at my place of empluyment to start the FMLA clock ticking. A good friend at work had breast cancer and DID start the FMLA clock and is very happy she did - they have accomodated her need to be off for treatents as well as working shortened hours.
I wish you had a HR officer who you could speak with candidly about your situation.
Good luck,
Laura
I would check out ADA (Americans With Disability Act). I'm not an expert with this sort of thing at all. I'm not even sure if it falls under the same umbrella as FMLA. If anyone knows anything, I hope they chime in. Does your company have a Human Resource Department?
I would talk to your doctor about the problems that you're having at work and your concerns. There's some medicines that help with the cognitive problems. I have found that Provigil really helps with my cognition and fatigue. Plus, your doctor may have some suggestions as to what to do about your employer.
I assume with your job there are no unions. I know with my teacher's union, I have someone I can get advice for free.
If you end up getting fired for no reason, I'd hire an attorney. I'd start right now, if you haven't already, keeping records of what is said to you or anything that is discriminating. Really, I'd keep records on as much as possible of everything. I hate to even mention this (to add to your fear), but some employers will find something to get rid of you for, when they decide that they don't want you. They'll also will do things that they know you're not capable of. With ADA protection, at least you won't have to do things that are reasonable accommodations that to keep you from making your symptoms worse.
Is it possible to part-time with your disability insurance? With my insurance, you have that option. Maybe just getting a short break will help you at least have some time to get some proper treatment.
Deb
I would talk to your doctor about the problems that you're having at work and your concerns. There's some medicines that help with the cognitive problems. I have found that Provigil really helps with my cognition and fatigue. Plus, your doctor may have some suggestions as to what to do about your employer.
I assume with your job there are no unions. I know with my teacher's union, I have someone I can get advice for free.
If you end up getting fired for no reason, I'd hire an attorney. I'd start right now, if you haven't already, keeping records of what is said to you or anything that is discriminating. Really, I'd keep records on as much as possible of everything. I hate to even mention this (to add to your fear), but some employers will find something to get rid of you for, when they decide that they don't want you. They'll also will do things that they know you're not capable of. With ADA protection, at least you won't have to do things that are reasonable accommodations that to keep you from making your symptoms worse.
Is it possible to part-time with your disability insurance? With my insurance, you have that option. Maybe just getting a short break will help you at least have some time to get some proper treatment.
Deb
You have hit on a topic that I've been wanting to bring up and didn't get around to it, probably because it is so hard to wrap your brain around. I work in Human Resources and it is quite appalling how people in the workplace who have chronic illness are treated. Please answer a few questions for me if you don't mind.
1. Are you are working for a private company or public agency?
2. What does your boss/manager/supervisor know about your illness?
3. How long have you worked there?
4. Does you agency or company have an EEO (equal employment opportunity) officer?
5. Can you get your doctor to write you a script stating that you are undergoing testing, but not say anything else? That might be kind of hard to get from my personal experiences, but if you explain to the doctor that you are not getting paid while you are out of work, they might be more agreeable about writing one up.
6. Is moving on to a different job an option for you.
It would be important to know more about your specific situation before making a decision about whether using FMLA is worth it at this point. Hang in there and know that you are in good company. We have all had to face or are facing this very important issue right now.
Julie
1. Are you are working for a private company or public agency?
2. What does your boss/manager/supervisor know about your illness?
3. How long have you worked there?
4. Does you agency or company have an EEO (equal employment opportunity) officer?
5. Can you get your doctor to write you a script stating that you are undergoing testing, but not say anything else? That might be kind of hard to get from my personal experiences, but if you explain to the doctor that you are not getting paid while you are out of work, they might be more agreeable about writing one up.
6. Is moving on to a different job an option for you.
It would be important to know more about your specific situation before making a decision about whether using FMLA is worth it at this point. Hang in there and know that you are in good company. We have all had to face or are facing this very important issue right now.
Julie
I am sorry. I was also in a very similar position and now I can't. I try and they still do expect it, but yes you tend to get slower or miss things. But business is business and all they care about is how much money they can make off you. I currently am being paid close to 10,000 dollars less than the national average for my degree and position. I hate it, but I cannot leave because I cannot find another job and wait for insurance and all that jazz. I too have my job and have for quite some time. I keep hoping it will get better. But things are changing fast people are leaving and new ones coming in and I get the feeling that most are being paid much better than I, but I am stuck here and can't leave. It is really hard. I will let you know I am casually looking for another job in my field. That is something you could do as well.
Tahiri
Tahiri
The first paragraph you wrote fits my situation almost exactly except I don't have "black floaties". I use to be (and they still think I am) the go to guy. You need something done, go to Mark (real name), you want someone to put some pressure on a supplier, go to Mark. It was sort of a position that I was proud of, but I can't do it, nor my daily tasks. It's frustrating and hurts to lose standing within the organization. I try to explain it, but all they are concerned about is margins and profit (we make boat loads of money, although I don't reap any of the real fruit). However, the enjoyment at work is gone, people are leaving at a rate of 1 sometimes two a week and the atmosphere makes my situation even more difficult to deal with.
Has anyone used FMLA to protect themselves against their employer? I thought it was just to allow leave of absence without pay, but someone told me it protects you from being fired even if it just for doctor visits and scheduled exams/tests.
I know how you feel. I too am struggling with a diagnosis. I have found that I have a harder time focusing at work. I also lately have really struggled finding the words I need to say. I make a lot more little mistakes that I used to never make. I can't type as well nor am I as good a multitasking as I used to be. As things have gotten worse I tried to do my best at my job and just recently found out that my supervisor and manager are not exactly understanding of the situation I am in. Because I am not diagnosed I must be perfectly fine and able to function as such. Well I am not and I cannot get a diagnosis. I know I just have to work harder to become more like I used to be. It is really hard to type at a computer screen when you keep seeing little black floaties floating around in your vision. Or to label things or pipet.
Sorry to whine on your post. I think you should be as open as you can about your situation. You also have to understand that as a business they expect you to be perfect. They tend to have little sympathy, understanding, or patience. I looked into short term disability, but they won't do it unless I have an actual diagnosis. I hate it. I am going nuts because I do not know what to do. It gets worse everyday. Hopefully your employers don't require that.
Make sure you get as much rest as possible at night and make sure that you take time for yourself. In the end don't worry about losing your job. I have found that when you worry about it, your performance tends to get worse and then you do loose your job. I think you will be fine if you just do your best.
Sorry to whine on your post,
Tahiri.
Sorry to whine on your post. I think you should be as open as you can about your situation. You also have to understand that as a business they expect you to be perfect. They tend to have little sympathy, understanding, or patience. I looked into short term disability, but they won't do it unless I have an actual diagnosis. I hate it. I am going nuts because I do not know what to do. It gets worse everyday. Hopefully your employers don't require that.
Make sure you get as much rest as possible at night and make sure that you take time for yourself. In the end don't worry about losing your job. I have found that when you worry about it, your performance tends to get worse and then you do loose your job. I think you will be fine if you just do your best.
Sorry to whine on your post,
Tahiri.
I also have that.
The company pays for the short term, I pay for the long term. I believe they pay about 70% of earnings.
I'm not looking for a free ride, but I am concerned about life struggling to work. I mean, right now I figure I risk my life and the life of others when I am driving. I also see people at work that have terminal illness and I just don't want that lifestyle.
Personally I don't think I could justify disability and in the long run I want to work, but the place that I am at is not helping my situation due to the stress and my inability to perform at my normal level.
The company pays for the short term, I pay for the long term. I believe they pay about 70% of earnings.
I'm not looking for a free ride, but I am concerned about life struggling to work. I mean, right now I figure I risk my life and the life of others when I am driving. I also see people at work that have terminal illness and I just don't want that lifestyle.
Personally I don't think I could justify disability and in the long run I want to work, but the place that I am at is not helping my situation due to the stress and my inability to perform at my normal level.
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