I had an unexpected mtg yesterday with several important people at my school. I work as a kindergarten teacher at a charter school in MA. I was a bit blindsided because although I had a difficult Spring healthwise and missed a lot of work (unpaid), I've had a great summer and don't anticipate any major trouble this year. Unfortunately I caught a virus last week and my rheumy asked me to stay home for a day, but I consider that an occupational hazard :) But I'm rambling. Essentially they pressured me to sign FMLA paperwork that will change the nature of my position from Lead Teacher to assistant. The paperwork lasts for the duration of the school year and they were pushing me to consider disability for next year. I feel like they are considering not renewing my contract next year and that the FMLA paperwork would cover if they chose to do that. What can I do to protect myself and my job? Help!
You should have FMLA to cover your absences, but at your current Lead Teacher position. Don't let them force you to sign anything you're not ready to. If you don't have a union to protect you, you may want to see a lawyer? You have a year to start working towards your next step..... My sister worked for the state, and was totally blind sighted in a meeting like you're talking about. HR called her in, told her she was a liability to them and put her on short term disability. After she exhausted that, they told her to file for disability and she got SSDI on her first attempt. She is also getting long term disability with her SSDI. Prepare for the worse, but pray for the best, but look out for your own best interest.
Most definitely seek the advise of a union rep. or a lawyer. They have no right to pressure you into signing these papers. They also can't demote you based on your disability.
I wish you the best of luck. Please keep us posted.
mbaer, you have already received the best of advice, and NO, they cannot demote you because you are living with a disability, but they will try! One suggestion I would add is to seek out help from any organization that deals with disability and work issues. I'm not sure who would cover where you are. The Americans with Disability Act is federal legislation that is aimed to keep exactly this kind of unfair treatment from happening whether is in attendance of school, or in a work place. I do have a contact who is very knowledgeable, and if I can reach her, I will pick her brain and get back to you ASAP!
Does anyone know if the Lupus Foundation would know the right avenues to go down for help? Sometimes a phone call can lead to finding the right resource.
I'm sorry you are going through this. Hold your head up high, and pull the claws out as I'm known to say. Contact from a union rep or attorney may make them realize you will not let them steam roll you.
I am a Certified Paralegal and have had some experience with these things. If you think you are being discriminated against because of your disability, look for an employment attorney and make sure to ask if he/she has experience with ADA matters. Many attorneys will give you a free, or low cost, consultation.
FMLA is designed to protect your job while you are out sick or out caring for a sick family member. There are several requirements in order for you to be eligible for FMLA, the biggest of which are that you must have worked at least 1250 hours in the year prior to requesting FMLA and you must work for an employer that has at least 50 employees. The emPloyer does NOT have to pay you during this time (FMLA only guarantees unpaid leave) but you can use whatever accumulated sick leave, vacation, etc. that you have. When you return, you are guaranteed the same job OR an equivalent job with the same pay, benefits, etc.
The ADA is designed to protect individuals from disability related discrimination in the workplace and also from discrimination out in the “real” world. The ADA requires an employer to provide REASONABLE accommodations to someone with a disability so that person can fulfill their job duties. An example would be a special headset for someone who is hearing impaired so that they can talk on the phone. The ADA does not require an employer to provide leave for an illness (that is the job of FMLA) and it does not require an employer to make unreasonable accommodations. Reasonable vs. unreasonable is a little difficult to determine sometimes and is usually defined by the employer. It is also important to know that the ADA does not require an employer to keep an employee who can not perform his/ her essential job duties.
Say that you are an awesome employee and your bosses and coworkers love you and think that you walk on water. You have been with this company for 20 years and have gotten consistently excellent reviews. But then lupus (or MCTD as is my case) strikes and you start missing some work. Then you get a bit better, have responded to a new med, and is all is good for a while. Your boss has gotten you a special mouse and keyboard so you are able to type without causing pain in your hands. You have a special ergonomic chair for your back, etc. your employer has done everything possible to make your life better and to make it easier for you to do your job given the limitations of this new condition. (These are the REASONABLE accommodations.) but then you get sicker and you start digging into your FMLA leave. You start getting to the end of your FMLA and the boss starts acting a little differently and really pushing you to start using more accommodations or asking more questions about your condition. Could be because he is an a** or could be because he knows you are nearing the end of your FMLA leave and he is trying to figure out a way to keep you on without telling you outright that he is having to face the fact that he may have to fire you. After the FMLA leave is up, your boss fires you. He is able to do this because you have exhausted all you FMLA leave and because he has made reasonable accommodations under the ADA law and you are unable to perform your essential job functions (which always include the number of hours you are to work each day/week.) and your immediate supervisor may not want to fire you and may want to tell you that but he can’t because someone above him is telling him to keep his mouth shut or he will be fired too.
My hands are tired so I am going to quit typing now but let me know if you have any questions and I will answer to the best of my ability.
Remind them of the ADA regulations. As long as you can perform your position, even if "reasonable modifications" have to be made, they cannot fire you for having a chronic disease.
I suggest you read the law and highlight any relevant information for purposes of educating your staff on the laws which help people with disabilities remain in their current positions.