posted
Well...the past few years I have been able to work and usually stay out of trouble so to speak.
Lately...my employer...a small city municipality, has been on my arse!! I have just had a meeting with my 2 direct supervisors. I was raked over the coals for the amount of sick time I use for the migrains, being sick, not coming to work....now.....I love my job and I am thankful that I can still work...BUT...
Has anyone here had any similar problems with employers...has anyone had such a compilation of material stacked against them that they feel like a burden to the employer. I dont know what to do. I got my union involved.
It seems as though EVERY TIME i have some sort of issue come up....they...the admin... bring up everything from the past...i mean EVERYTHING..and they call it.."a track record of your sick time abuse"
They do not know that I was diagnosed with PTSD in 03, CFS(not yet SC) FMS, Migraines...you know the list i think....what do you think of the idea of my telling them about it... I appreciate any and all input. I have a family of 4 to support on my salary and want to do the right thing. God bless
madd
-------------------- "NEVER GIVE UP, NEVER GIVE IN" Posts: 42 | From: BASE OF THE BLUES...BABYYYY | Registered: Jul 2005
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Yes, I was also given a bad time about the sick leave usage I had taken at work due to the conditions from the war. Get this... I was working at the VA at the time! My boss was a civilian and totally in the dark about what post-war conditions were and how they affect your life. He tried to get me to sign a letter of reprimand at one point and I nearly walked out the door from my job, except the union representative stepped in and helped.
The union rep asked for a doctor from the VA to see me and the doctor realized I was having reprocussions from my combat-related conditions and gave me EVEN MORE time off from work that my boss couldn't do anything about. Talk about sweet... And all the problems my boss had caused only served to support my claim for PTSD and how it was affecting my life and job.
Eventually, I had to resign my position because of my health, but I made sure my resignation papers clearly stated it was due to health conditions that were due to combat in the Gulf War. Today I am able to draw retirement from that job because of it. So, take what ever actions your employer may take against you and save all the documentation so you will have evidence in support of your claim (perhaps, for an appeal later).
I know you can't afford to simply "quit" work now, but you need to be prepared for the time when you may not be able to work full time. There's no easy transition between working and drawing compensation. There will be a time when you will have hand in your papers at work and then WAIT while your claim/appeal gets awarded. You'll go through a financial hardship (unless you have a spouse who can support you)-- not fun! The only good thing about this financial 'dry' period is that your compensation award will start from the time you file, so file early and don't give up. Keep up with all your Dr's appts. and if you have a claim or appeal going, make sure you obtain copies of all your medical records.
I wish you well and we'll be here to help and encourage you through the process!
-------------------- HONOR OUR VETERANS WITH BETTER CARE AND BENEFITS Posts: 3482 | Registered: Jul 2005
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posted
MaddMarine, My husband went thru the same thing you are going thru right now. He went thru all his sick time and then used up his FMLA time. Fortunately, like Gale, he worked for the VA and had enough service time that the process to fire him took long enough that he was approved for SSD before they actually fired him. He now will be able to draw medical retirement from them also.
I know it is difficult to reveal your medical problems to your supervisors, but I think in this case it might actually help, if they know what you are up against and have a little more compassion. Legally, it is none of their business, but personally, it might help. You are also lucky to have a union to give you support. Hopefully they will help you out.
And like Gale advised, do not be in denial about the possibility that you may end up not being able to work someday (sooner rather than later). Try to keep your financial house in order and start formulating a plan to get you thru that financial 'dry' spell, if and when it comes to that.
I wish we had been better prepared. We have been living off my student loans and his retirement account, but at least we didn't lose the house and his SSD was approved last week, so I think there is a light at the end of the tunnel!
Good luck to you!
Posts: 82 | From: Nebraska | Registered: Oct 2005
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posted
I would be very careful with who you reveal your situation to. I feel like if you must, make it someone at the highest level of authority. And becareful of what you want to reveal, i would definatley mention you expect some form of confidentiality. Keeping your VA doctors aware of you situation is huge.(like Gale said). Good Luck Brother, I wish you all the best. Mike
Posts: 117 | From: Boston | Registered: Oct 2005
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kenbaker1
Unregistered
posted
The problem in withholding information from your employer is that you give up certain protections that you have under the law. The Family Medical Leave Act (federal) along with many state laws provide protection from retaliation when absence is caused by illness. The burden to use the Act is with the employee. The employer is under no obligation to suggest that it be used, and most do not mention it to employees because they do not wish to be bound by its regulations. One aspect of FMLA is that it allows the employee time off a day or more at a time (wihout pay) when an illness causes recurring and unplanned absences. There are requirements that the employee must meet, such as being employed by the employer for more than one year, and working a certain minimum number of hours during that year. If these conditions are met, and the employee has a situation that is covered under the Act, the employee is protected once his or her sick time is used up.
In a municipal job situation, the notification would be made to (depending on the size of the municipality and its Human Resources structure) the HR director, the Township or City Administrator, or perhaps even the mayor.
All employers are required by law to post the FMLA information in a location available to all employees. Often this is in the area of the time clock, or some other similar area where employees would be expected to see it. There are also requirements for posting minimum wage information, USERRA, Workmen's Compensation, etc.
Think of it this way---if the city wants to fire you because you are out too much, you will probably be getting a lawyer to fight back. Although this could happen whether or not you seek the protection of FMLA, once you invoke the Act you are putting them on notice that if they fire you, you WILL fight it, and they will lose. They would have to come up with another reason, and they would have to have an air-tight case or else it would look like a violation of your rights.
At the ambulance company I managed a few years ago, employees were not encouraged to use FMLA because the executive side knew their hands would be tied. That didn't stop me from whispering it in the ears of people who needed its protection, but then again, I'm not there anymore!
My advice would be to check into FMLA and use it to protect yourself and your family. Your state may have a similar, and sometimes more helpful, statute. The minimum protection you have is under FMLA, and I think you need to invoke it if you qualify.
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posted
I completely agree with Kenbaker1. The more people that know the better off you are. As an ex-employer I had to follow the law or get fined and there is a lot out there to support you. Also, I think it helps to begin a healing process. You are not hiding it anymore. At first it might have a little stress, but it eases up quick. The other way is kind of a mind F***, either you are disabled or you are not. There is a lot of good advice in the thread. It would have been much easier if I would have admitted something was wrong and prepared for it.
-------------------- John
"I have sniffed many butt's today. To celebrate I lick your face" Scurvey Dog Posts: 314 | From: Belize | Registered: Feb 2006
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posted
I totally agree with Kenbaker1, but i would be hesitent to adopt the following school of thought.
quote:Originally posted by felintuit: The more people that know the better off you are.
Simply put, not everyone(especially) in the workplace needs to know your business.
Posts: 117 | From: Boston | Registered: Oct 2005
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kenbaker1
Unregistered
posted
Absolutely.
The Health Information Portability and Accountability Act (HIPAA) protects your private information and restricts what anyone, including employers, can do with it. While you may need to(and I feel, in this case, should)do is inform your employer as to the nature of the illness(es) and invoke the FMLA, your employer cannot release that information to anyone else in the workplace unless that person would have a need to know. An example would be having a person who has inner ear problems (balance) perform a task that is not normally part of his job, such as climbing to a significant height, when he could become dizzy and fall. If it isn't part of your job, but needs to be done, someone else should be doing it. A supervisor may need this knowledge. Other workers would not, and the employer is not allowed to broadcast the information.
By the way, HIPAA goes far beyond health information. Credit card companies, and anyone you have dealings with that involves your social security number, other personal information and just about anything and everything is bound by it. That is why you get so many "Notice of Privacy Practices" in the mail.
Back on point, you should only disclose the information to the person(s) responsible for administering FMLA if you invoke it. It isn't anyone else's business.
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posted
I am very familiar with FMLA as i used it when my wife had our children...it was nice..i had time on the books...took off 8 weeks with each and it really helped at home.
As far as part of Gales note...I am currently at 70 % for PTSD....the way they have been dealing with and treating me causes some nasty flashbacks. If they knew what was going through my mind when they were giving me the "whatfor" they would be very afraid of ever doing it again. All i hear is the kind of talking like CHarlie Browns teacher has..whaa waaa whaaa whaaaa waaaa! Anyway...I dont want to give them any more ammo to use against me so I think I will be keeping the PTSD issue to myself. I have been working on it with my VA counselor and my group guys. I would be lost without them. I really dont have to document anything as my Sgt. is doing all of that for me....I mean everything...he writes down things i say off shift...on shift...when and where ever...guy trusts noone! oh well... I really appreciate everyones imput here and look forward to reading further! God bless
Madd
-------------------- "NEVER GIVE UP, NEVER GIVE IN" Posts: 42 | From: BASE OF THE BLUES...BABYYYY | Registered: Jul 2005
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posted
I'am new to this site and also work for a municipality (police). I'am having the same problems with sickleave usage. I have told them several times of my ptsd seems like they dont give a hoot. I'am currently under investigation for sick leave abuse as they say. I was told to get better or else. Still waiting for the or else. Hope your situation has worked out and if so maybe you can give me some advice on mine.
Posts: 3 | From: TEXAS | Registered: Mar 2008
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In a nut shell same thing happened to me last year. SC's got so bad could not work any longer, out of FMLA, sick, PTO days.
Went to see my DAV rep about a case I had before the VA since July 1999 for 100/IU. It has been in the system for over 8 years. DAV Manager took my request for IU upstairs to the VA supv, said if I accepted IU with a new date of 10/2006 vice 9/99 he could get it approved. No back pay-I HAD NO CHOICE BUT TO ACCEPT-HAD 5 MOUTHS TO FEED.
Look at CFR's - If I remember correctly 4.16 talks about IU-speciafically if you lose your job due to worsening of SC conditions-your there. That is what happened to me-put in for IU in 09/06 - granted approval 10/06-they saved a ton of back pay doing it this way.
I think Gale has posted the CFR's on here.
I hope that made sense, if not get back to me.
All the best,
SMC
-------------------- "There's 2 kinds of people I admire - Leaders & Followers - if your not one of them get the F#*k out of the way!" Posts: 75 | From: Saint Louis, Missouri | Registered: Oct 2006
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