My employer is asking (well telling is more like it) me to go on FMLA even though I’m doing 100% better than last year. Their argument is that I will definitely exceed my allotted 5 sick days by drs appts alone and that without FMLA they can terminate me. Isn’t it better to get ADA accommodations that allow me to take time off for appointments/sick time? ADA is long term and FMLA only protects me for 12 weeks. Thoughts?
I can't say anything except that I tried to go on FMLA and was denied. I took more than my allotted days off and I was out the door! Know your rights as an employee, try to get info from HR, keep a record of everything that is done or said. I hope it all works out :)
I am in Canada so I am not sure but it sounds like the ADA accomodations would be longer term. It is so hard I have been on an accommodation plan for more than a year and every time I go to the doctor my employer wants more and more personal medical info and each time they ask when I will get better and be able to work full time even though the doctor has told them I will never be able to work full time again. It feels like harassment but I don't want to argue because I want to keep my job. When you read the legislation and policies protecting people with disabilities it looks great on paper but the fact is that it does not work as easily as it should.
I posted a link a couple of posts back on the ADA. If you can still do your job, even if it may be partly from your home or split time, "reasonable accommodations" must be attempted. Please use the search tab to find this link...can't remember from memory.
The ADA accommodations doesn't cover doctor's appointments and such. FMLA will cover your appointments, and you can use this two hours at a time, or whatever you need. You don't have to take the 12 weeks all at once. I would recommend it. If you don't have a copy of your job description - I would recommend getting one. Know what your minimum requirements for your job are. I couldn't stand for prolonged periods nor could I lift 40 pounds any longer. I was still able to do my job, but we had a generic job description for the entire warehouse and I had to be able to do any job, even though I only worked in one area. I informed my employer of my disability before my surgery. I have the education and experience to be considered for an office position, and tried many times, but they still terminated. I have no regrets though.
FMLA covers your time off work and is totally different from the reasonable accommodations covered under the ADA. I would recommend going on FMLA as it will protect you, as well as your employer. You would have a total of 12 weeks of leave for your medical needs (sick days, doctor appointments, etc.) You can use it a day at a time or a few hours at a time.
Your em
Your employer is required by law to offer and encourage you to use FMLA for any serious medical condition. ADA accommodations must be requested by the employee and does not cover absences.
I believe the law says that both FMLA and Reasonable Accommodation should be used together, but I can't remember the exact language. The link for Reasonable Accommodation info is here: http://www.eeoc.gov/policy/docs/accommodation.html
Here's a link to the FMLA guide: http://www.dol.gov/whd/fmla/employeeguide.htm You can download yourself a copy of it from there.
I recommend you read both so that you know what your rights and responsibilities are and can advocate for yourself with your employer.
Good luck.
You should read this and provide them a copy. I don't believe random doctors appointments apply to FMLA. It is pretty specific. I used it when I had to have surgery while pregnant. I was out for six consecutive weeks. I again used it for maternity leave after my baby was born.
It is not for doctor's appointments. Are you taking full days for appointments? Most employers should allow a few hours off here and there for appointments. Prove to them you can't see the doctor in off/after hours or on weekends. Not sure how ADA applies as disability is short and long term, not a few hours here and here.
Good Luck.
Whoops here is the link:
However, I could be wrong.
FMLA will cover time off for doctor appointments. It provides for 12 weeks of accumulated leave per year. Can be taken in increments.
I went on FMLA from walmart and no longer have a job. they fired me because I was on fmla for so long December to march. but then again Alabama is an at will state, you should find out if you state is that means that they can fire you for anything.
I believe FMLA trumps state law. In other words they have to follow the federal law.
But who knows…I think when you’re dealing with work, weird things can happen because even though there are laws people don’t always follow them. And it takes money to fight this stuff
Chelle, how many weeks were you out? They can let you go after you have used up the allotted time for FMLA. If you have used up your time and can not perform essential job function s (such as attendance) then they can let you go. It sucks but its true. Sorry you went through that. Btw, where in alabama do you live?
chelle9323 said:
I went on FMLA from walmart and no longer have a job. they fired me because I was on fmla for so long December to march. but then again Alabama is an at will state, you should find out if you state is that means that they can fire you for anything.
I live in Huntsville,alabama,
http://employeeissues.com/at_will_states.htm
I worked at walmart for 17 years, being a manger, stepped down became cashier, I went on leave December 24th, went home sick, came back with a doctor note, had to have my gall bladder and other stuff out, then the day of my surgery 3 months later 12 weeks to the day, walmart sent me a letter saying they had terminated me. because I had missed x number of day at work, walmart does not take doctor note, you call an 800 number, but that okay, now they pay me to sit at home and look for another job with being sick and no one wants to hire a sick person, so I draw unemployment, that they could not fight, because all of the paper work was there.
Thank you so much for all the terrific information! I have an appointment with a lawyer Monday to discuss my options. I’m sure it will work out!