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    need advice

    Hello,Ive been employed for nearly 24 yrs.I was diagnosed with RRMS in 2006.I have told my Boss,and HR.In the beginning they went out of there way to accomodate me.ie FMLA,putting in special keyboard shelves,and the last year giving me a stool to sit on if needed.Last year FMLA was taking away due to not enough hours(went down to 24hrs a week,less fatigue).On 12/12/2012 my regional came in from Headquarters for an audit,told my Boss,that we are not to have a stool,and that my doctors note was not good enough.What should I do?I stand for 7-8hrs a day on a cemete(sp?) floor all day.It's only the last hour of the day that I sometimes need it.My Boss told me he never seen me use it.(He is hardly there,when I need it)I've e-mailled my doctor today.Hopefully he can direct me to the right people,maybe ADA,or should contact the ms society?I just feel hurt,cause I work so hard for this company,and this is how they pay me back.Thanks

    #2
    I don't live in the US but isn't there a "duty to accommodate" in the workplace (re your stool)? Also, if your doctor's note isn't good enough, find out if there is an official form that has to be filled out instead. This stuff really burns my butt! Be careful that they aren't trying to "constructively dismiss" you (making it unbearable to work there so you'll quit).
    Jen
    RRMS 2005, Copaxone since 2007
    "I hope to be the person my dog thinks I am."

    Comment


      #3
      Thanks,Cat Mom,I will see if there is a form.I really think in my heart that they're trying to clean house(I hear Im not the only one).I will keep you posted.Thanks again

      Comment


        #4
        Your local chapter of the National Multiple Sclerosis Society should maintain a list of attorneys who specialize in laws regarding compliance with the ADA, Americans with Disabilities Act.

        A stool does not sound like an 'unreasonable accomodation' to make. The company was willing to make the accomodation for a period of time, meaning the company didn't regard it an unreasonable accomodation by providing it.

        Unless there is a specific safety issue preventing use of a stool or operating machinery while seated, removing the stool sounds like it could be a breach of ADA.

        If the doctor's note was acceptable to the company initially, the company can't just remove the accomodation.

        At the least you should have received written notice that form XYZ must be completed by your doctor and returned within X number of days. The necessary form should have been attached to the notice, or instructions to obtain the necessary form should have been included in the notice.

        The benefits package offered by your company is not offered as a benevolent chariatiable act. It is a recruiting tool that provides your employer access to a large pool of potential employees. With the years of service you have provided, it may be time for you to get legal advice to protect your income and benefits.

        The U.S. Equal Employment Opportunity Commission (EEOC) is a federal law enforcement agency that enforces laws against workplace discrimination.

        I would contact a ADA attorney and EEOC.

        Best of luck.

        Comment


          #5
          More info re: FMLA eligibility:

          EMPLOYEE ELIGIBILITY

          To be eligible for FMLA benefits, an employee must:
          work for a covered employer;

          have worked for the employer for a total of 12 months;
          have worked at least 1,250 hours over the previous 12 months;


          Your current 24hr per work week is a total of 1248 hours over 12 months, versus the 1250 per FMLA regs.

          Link to US Department of Labor - Leave Benefits - FMLA:

          http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

          Comment


            #6
            Sorry to post again, but I lost my trend of thought, forgot to make the point I intended to make.

            The regs per FMLA is 1250 hours over 12 months, your 24 hours per week over 12 months is 1248, 2 hours less than the required hours over a 12 month period.

            Is it possible you work extra hours in the past 12 months? Maybe during a busy time at work, a special project, or when a co-worker was on vacation or out sick?

            Comment


              #7
              Thanks for all the info,I will look into my hours for FMLA.,and I will contact my local MS Society.I will also contact my HR in Issaquah,and check if there is a form.It's odd how I was written up for 3 tardies,and the stool taking away before I was scheduled to work.This took me by surprise.Had a clean record,and good reviews,kind of fishy.

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                #8
                Oh by the way,I work in a pharmacy as a tech.I've been with this profession for 27yrs.Now my company wants me to take the national boards,I took the state board back in 1986.Kind of fishy,huh

                Comment


                  #9
                  Your company has probably already violated ADA...

                  Accomodations like providing a stool based on your doc's note can't be handled 'willy nilly' by your company.

                  If your company's standard of proof was accepting your doc's note and providing the stool, you have complied with the standard the company established for accomodation.

                  These are federal protections and the company can't change their standard, paricularly when that puts you at a disadvantage, without prior writen notice and without advising what you need to do to meet their new standard within giving you a reasonable time period to comply, and most importantly they can't remove your stoll.

                  They can't suddenly 'raise the bar and change the rules' in the middle of the game by removing the stool they approved, and which has the effect of putting you at a disadvantage, just because they did an 'oopsie' and changed/upped the standard of proof from your doc.

                  The company established their standard for accomodiating your medically necessary request, and they can't take your stool away without risk of violating ADA. Based on your info, the stool sounds within the 'reasonable accomodiation' and the company agreed it was a reasonable accomodation because they providing it to you.

                  Contact an ADA attorney ASAP.

                  HR and companies are often 'accomodating' in the beginning, eager to offer PTime hours, reducing/eliminating their risk of having to offer benefits to those who become disabled as full time employees.

                  I'm sorry for your troubles and I hope you figure out that you worked those 2 hours over the prior 12 months making you eligible for FMLA and job protection.

                  "Invoking" FMLA rights prior to an unscheduled 'meeting' with HR is often key to maintaining your employment status via the job protections under FLMA, and more importantly maintaing eligibility for STD, LTD, retirement, medical and other benefits.

                  I imagine benefits were 'forfeited' when work hours are reduced to PTime.

                  Let us hear your progress finding an ADA attorney, and most importantly contact EEOC because by removing the stool, you may have been singled out and discriminated against in violation of EEOC rules, based on the standards the company established and now want to change, maybe because they are house cleaning and hoping to eliminate ADA employees.

                  Best of Luck to you.

                  Comment


                    #10
                    So I went to my HR today to find out how many hours I had in a calender yr.I still dont get it.ok so I worked 1150 hours plus I get 6 weeks vacation,plus 9 personal days/sick days.So 144hrs vacation,plus 34hrs equals 178hrs.So he added 1150 + 178 =1328,looks like i have enough hours,but then hr subtracted I think 240hrs(?)cause of vacation and sick hrs used,it makes hrs short again.So I'm back a square one again,still confused.

                    Comment


                      #11
                      FMLAI found this info when I google searched FMLA minimum hours worked and paid time off:

                      The FMLA only counts hours actually worked. Overtime hours do count toward the FMLA total. That includes any extra hours worked, even incremental 5, 10 or 15 minutes over the prior 12 months.

                      I would be cautious talking to HR, supervisors, etc., until you have talked with EEOC and an ADA attorney. The old saying about the fox guarding the hen house applies.

                      If it's not possible to communicate with supervisors/HR in writing, makes notes with date, time and names of everyone you talk to. Maintaining documentation for EEOC and ADA attorney is important if a case is filed on your behalf.

                      BTW, most check stubs each pay day provide YTD earnings, YTD hours worked, YTD Net & Gross pay, YTD tax withholdings, etc. Does the check stub for your pay check give Year to Date information?

                      ADA and EEOC & DOL
                      Providing a stool as accomodation, approved and provided by the company, then removing it without notice, not allowing you a reasonable time period to complete a 'new' request (contact your doc, make an appointment etc.) is probably the most important issue regarding a possible violation of your ADA rights, and discrimination against you as a person with a disability. If the company is downsizing or re-organizing, that's a time when companies make these mistakes, discriminate against disabled workers.

                      EEOC provides representation and recovers monetary damages to compensate employees for violations.

                      BTW, if smartphones are allowed at work, it could prove to be a useful tool.

                      Comment


                        #12
                        Thanks for all the info,just check my check stub,it said total hours ytd is 1324.70.wow whatever hr is telling me,is far from the truth.Going forward,gonna call ADA,EEOC,MS Society today!!!!Keep you posted.Thanks again

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                          #13
                          I am so glad you now understand that you should question EVERYTHING said by HR, supervisors, etc.

                          HR, your supervisor may have inadvertantly given you the wrong calculation, but it's your future that's on the line, and someone might even earn a bonus for 'reducing expenses'.

                          Good luck, I'm so happy for you, and keep us posted!

                          Comment


                            #14
                            Check stubs

                            YTD totals on checks can mean many things - if it is just one big number, that could encompass all hours paid, not necessarily worked. This would mean you are including any paid or recorded sick, personal or vacation time.

                            Contrary to popular belief, a company is highly unlikely to knowlingly lie regarding federal regulations. The penalties are hardly worth the risk. It is possible there has been a mistake, and it is certainly worth looking into.

                            Comment


                              #15
                              updates 1/3/2013,already this is not an easy task. called corp.sending me work restriction form to send to my doctor,needs to be done in the next couple of weeks.
                              Contact my MS society,they referred me to Job Accomadations.
                              Contacted Job Accom.
                              They want me to email,corp,store manager,regional manager,and my manager,to explain that this is an undue hardship,and that its a ADA violation.
                              Contact ADA,who referred me to EEOC.
                              So I will be calling EEOC in the a.m,to see what advice they can give me.So far,can tell its going to a battle.

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