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    WORK REQUIREMENTS

    I have PPMS and have no use of my right side of my body, and limited left side use. If it wasn't for the Bioness, I'd be confined to a wheelchair. However, even with the Bioness, I can't walk far distances and need to be wheeled around if going anywhere.

    My question/dilemma is this: I love my boss. He is the most understanding boss when it comes to this disease. I am still working 40 hours a week, some at the office and some at home. However, his boss, the CFO, is not as understanding, as she requires me to participate in events that are not possible for me.

    Two months ago, I was required to attend a ropes course day. I had asked if it would be ok for me to work at the office instead, but she made me go. Because I was unable to do anything, I sat by myself for 4 hours in the building, while everyone else was off doing the activities. While leaving to go back to the office, I was dragging my feet while my boss helped me to the car. Now, I get an e-mail today saying we are to help at an event at a mall on a week night, after working all day, from either 4:30 to 6:30 or 6:30 to 8:30. We are required to help set up, tear down and help with food.

    I e-mailed my boss saying I could not participate in this event, as I would require being dependent on someone and would need to be wheeled around, even to the bathroom. Because I'm not able to push a wheelchair, I have a transport wheelchair, I would be stuck in one spot for hours. Not only that, but living in Florida, and it still being very warm at night, the temperature will be hard for me to endure.

    And, as my fellow MSers know, getting up at 6 and home at 9pm will be too taxing on me. I'm afraid to lose my job by not attending, as it is required, but I know, physically, it's not impossible, but will be extremely difficult. Just getting there, 45 min drive, and having someone come wheel me to the area, will be exhausting for me.

    I am definitely not trying to use my disabilities as an excuse to excuse myself, but I know my limits. What are your thoughts? Wouldn't that look bad on the company if they fired me, knowing I can't contribute due to my mobility issues? It seems they are making me go only because of spite. Sitting alone for 4 hours on the ropes day was hard. I didn't see the point in me going since I wasn't involved at all with the group.

    ** Moderator's note - Post broken into paragraphs for easier reading. Many people with MS have visual difficulties that prevent them from reading large blocks of print. **

    #2
    My understanding is that an employer must make reasonable accommodations and this sounds like it falls into that category. I would speak with HR. The heat issue alone should suffice.

    Comment


      #3
      If the 'off hours' activities are related to promote business activities, or voluntary /community based probably makes little difference if you are fulfilling the minimum salaried 40 working hrs per week.

      Is your employer is FMLA exempt based on fewer than 50 employees, X? number of days per year?

      If your employer is not in the FMLA exempt class, you should consult with your MS doctor to discuss applying for 12 wks of FMLA federally protected unpaid medical leave per year, and federally protected ADA accommodations, that allow disabled employees to adjust work schedules, in addition to other workplace accommodations.

      You should be your company's poster child as an example of someone dx PPMS, who continues to work full time, continues to pay taxes and continues to contribute to your community.

      They are idiots if they miss the opportunity to present their business as compassionate, and to promote you as an example of a loyal and dedicated employee, versus using the opportunity to overburden, embarrass and humiliate you.

      Congrats for being an outstanding example of what a MS Warrior is, and a sterling example of what idiots your employer is.

      Comment


        #4
        Do you have any written accommodations for your situation? I would document as much as possible, especially the email you referenced, etc. I would maintain your documentation in a safe place (not your work desk). I would also exercise caution going to HR or the CEO without having a solid game plan in place. I would try to lay low and not makes waves until you better understand your rights. I would contact a disability attorney in your area for a case evaluation. There may also be a non-profits in your area that may provide free disability/discrimination assistance. ADA accommodation, disabilities act lawyer, discrimination may be keywords that work for you. Every once in a while the NMSS may have a legal resource for your area.

        Please continue to update us on your status.

        Comment


          #5
          I presume the ropes course day was for "team building", having had to do similar stuff years ago.
          Gee, they did a nice job of that (not) leaving you all alone for hours.

          My cousin is my age, and she has dwarfism. She has her legs broken every five or so years for medical reasons.

          When we were at school (ooh 25 years ago) we had to do an Outward Bound type course. Ten days trekking up mountains and paddling down rivers, carrying our own packs and camping gear.

          Now, part of the team building was including Abbie in everything as much as was possible and helping her when necessary.

          That meant carrying a few extra items each, and not whingeing about it.

          There was no leave her behind or forget about her because she had a disability.

          Ab had a pretty good time. She could do just about everything - flying fox, abseiling etc, she just couldn't walk as far, and sometimes got a lift in the back-up vehicle.

          I think your work treated you really badly. As you say, why make you go if they made no effort to include you?

          Comment


            #6
            I can't believe your still working in the condition your in...
            it's almost as strange as your employer making your "participation" at these types of events strictly required.

            It's not my mobility issues that keep me from working. It's more the fatigue, discomfort, loss of cognitive ability. Simply not fit to work...walking or not. Do you not have this?

            If you have the Bioness, your not destitute. Why are you working? Are you a productive worker?

            Comment


              #7
              Your CFO is a jerk, plain and simple. I too would talk to a disability lawyer before anyone else.
              Katie
              "Yep, I have MS, and it does have Me!"
              "My MS is a Journey for One."
              Dx: 1999 DMDS: Avonex, Copaxone, Rebif, currently on Tysabri

              Comment


                #8
                Work

                I'm pretty lucky here at work. They are very understanding about my limitations.
                I also can't leave my desk job when there is a fire alarm in the building(there are a lot), because it requires going down steps, and walking around the building outside. I can't do that. The elevators shut off, so I couldn't use my scooter.
                I told them if I smelled smoke, I would figure out how to get out.

                Comment


                  #9
                  I don't know how your employer can make an after hours affair mandatory. Is this in your job description and duties? Marco, along with others gave you great advice.

                  As others said, I would speak to HR. Ask if any specific forms for job accommodation request if they say it is mandatory. And have neuro fill out.

                  Let us know how you make out.
                  Kathy
                  DX 01/06, currently on Tysabri

                  Comment


                    #10
                    First of all, I am sorry you even have to go through all this. Your employer should be ashamed.

                    I used to be on an "intermittent" FMLA every year so any time I missed, either for symptoms or tests would not b considered occurences n my attendance. BUT you also need your NEURO to write out what your limitations and requirements needed to do your job.

                    Yes, you could consult with a Employer-employee relations Atty. Their consults should be free, over the phone.

                    Good luck! Let us know what happens.

                    Hugs, Jan
                    I believe in miracles~!
                    2004 Benign MS 2008 NOT MS
                    Finally DX: RR MS 02.24.10

                    Comment


                      #11
                      Originally posted by Dreams008 View Post
                      ... However, his boss, the CFO, is not as understanding, as she requires me to participate in events that are not possible for me....

                      I am definitely not trying to use my disabilities as an excuse to excuse myself...
                      Firstly, you are doing amazingly! Nobody who is truly "lazy" or trying to get one over on the system ever asks if they are making excuses :-) So you're clear there. Have you disclosed formally with HR and asked for accommodations under the ADA law? It is been a few years since I did that, but I seem to remember that you need to do that as the first step to protect yourself and ensure that they comply with the law.

                      Before I disclosed, I had a boss who took "salaried employee" to mean "personal peon" and it was a nightmare of evening events and offsite events that I struggled to get through, mostly without help. After I disclosed, I had much more power to ask for what I needed, and make sure that I got it.

                      I would read the entire ADA law (you can find it online), think about your current needs and note what employers are required and not required to do. My organization try to fire me after I had a very bad and lengthy flareup and I realized according to the ADA that they could argue (and did) that I wasn't capable afterwards of doing my job even with accommodations, which wasn't completely accurate. I had to hire a lawyer, but I'm so glad I did! Be fair with your employer but don't put up with this-- it's unkind and thoughtless, and quite possibly illegal.

                      Comment


                        #12
                        Originally posted by poppydarling View Post
                        Firstly, you are doing amazingly! Nobody who is truly "lazy" or trying to get one over on the system ever asks if they are making excuses :-) So you're clear there. Have you disclosed formally with HR and asked for accommodations under the ADA law? It is been a few years since I did that, but I seem to remember that you need to do that as the first step to protect yourself and ensure that they comply with the law.

                        Before I disclosed, I had a boss who took "salaried employee" to mean "personal peon" and it was a nightmare of evening events and offsite events that I struggled to get through, mostly without help. After I disclosed, I had much more power to ask for what I needed, and make sure that I got it.

                        I would read the entire ADA law (you can find it online), think about your current needs and note what employers are required and not required to do. My organization try to fire me after I had a very bad and lengthy flareup and I realized according to the ADA that they could argue (and did) that I wasn't capable afterwards of doing my job even with accommodations, which wasn't completely accurate. I had to hire a lawyer, but I'm so glad I did! Be fair with your employer but don't put up with this-- it's unkind and thoughtless, and quite possibly illegal.
                        This.

                        Make sure they have a letter from your neuro stating what accomidations are required. You keep a copy signed from both parties. Ask if there are any forms you or your doctor need to fill out. The CFO is putting the company in a place that could open them up for a major lawsuit. Bring in a copy of the correspondence between you two when you meet with HR. She may not be aware of the legalities of her actions, but HR will be.

                        Also do you have an official job description? If not before going to HR have your boss write one. How many employees in the company? Legally they must make accomidations for you and as long as with the accomidations you can continue to do your job they can not fire you. By law you have way more protection than the average employee.

                        Comment


                          #13
                          I have been on both sides, someone with MS whose employers didn't do the right thing and as an HR contact who had to deal with people who had disabilities. I am going to play a little devil's advocate from the latter standpoint. Also, by the sounds of how involved your boss and his boss are, it sounds as though you may not have designated HR department. A lot of places don't and all you can do is deal with what you've got.

                          First, be sure your boss is all that and a bag of chips. He sounds very helpful to you when you are around, but do you really know what he is telling his boss? Or what position she is putting him in with regards to your employment? I believed my boss too, until I realized she threw me under the bus and I was told to resign. The employers wanted a higher functioning employee, and tried hard to get me to resign on my own by making work difficult. No one wanted to take responsibility for it of course, because it was discrimination.

                          And what do you tell them? Do they not understand because you tend to downplay what you can't do because you fear losing your job? I think the most difficult thing I ever had to do was tell people about some of the typical symptoms like fatigue, depression, heat intolerance. I thought I would sound lazy, and crazy. But, of course, it dose effect our performance and that is noticed. I had an employee who was battling depression, but all that was reported to HR was that she was habitually late, very slow on the job, had poor decision-making, etc. Her boss knew she had depression, but didn't want to say too much about it, feeling it would betray her. Seems it was her medication causing a lot of the problems, and when HR had the whole story from her, she stopped seeming like a bad employee and we could work with her around her issues.

                          And, you were horrified, and rightfully so, by having to sit for 4 hours alone at the ropes course. It seems like a no-brainer you couldn't/shouldn't have needed to go. But, it is possible that your employers were doing what they thought was anti-discriminatory by taking you along! Though you couldn't participate, by excluding you from the trip, they may have believed you could say you weren't allowed to participate. I don't know what the ropes instructor was told, that would have been interesting. I have done and instructed ropes courses, they definitiely should have been informed as to how you could be involved. It isn't all about the physical, it actually isn't at all about the physical.

                          This being said, sounds like there is a lot of conflict somewhere that is causing them to do a pee-poor job of knowing how to deal with an employee that has a disability. You however, are doing an amazing job of dealing with them!

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