I am covered by the ADA for several disabilities, and my employer is aware of that fact. and knows it to be true. Over the summer my doctors informed me that they consider me Permanently and Totally Disabled, I need to file for SSDI, and they will state my case they best they can using data from medical exams/tests to try and ensure that I do not get turned down by Social Security. I started the paperwork in July, and I have a date in early November when I should receive a (initial) decision. I know that it can take years to wade through the process. In the meantime I have filed for Disability Retirement from the NY State Teachers Retirement System, and filed with AFLAC with whom I have a disability policy.
I am a teacher, so I was off over the summer. In mid-August I had a TIA and subsequently was under watch for more stroke activity, and obviously told I couldn't drive. I provided my employer with a note on 9/1 stating I was under my Neurologist's care, could not drive or work, and would be re-evaluated on 9/13. Later that day I had an appointment with another one of my doctors who gave me a note for work that states, "Mr. _____ is unable to work."
I have unused sick days, and I want to use all of those days. Without getting into it with my employer, I notified him via email exchanges that I am unable to return to work during the 2011-12 school year, and emailed him a copy of the doctors note, which also states I am unable to return to work. I am now being asked to provide a letter from my doctor stating when I will return to work, or be re-evaluated for return to work.
It appears my employer has not received paperwork on my Permanent Total Disability from SSDI, the NY State Teachers Retirement System, and AFLAC, but my doctor states he will not write a date on my note because he filled out all of the Disability paperwork and my employer states that if I do not provide a date I have to call in sick every night. I have stated that I require the school year off as a reasonable accommodation for my disabilities, but they are not responding to the request. Do I keep calling in "sick" every night?
I would appreciate your guidance.
I am a teacher, so I was off over the summer. In mid-August I had a TIA and subsequently was under watch for more stroke activity, and obviously told I couldn't drive. I provided my employer with a note on 9/1 stating I was under my Neurologist's care, could not drive or work, and would be re-evaluated on 9/13. Later that day I had an appointment with another one of my doctors who gave me a note for work that states, "Mr. _____ is unable to work."
I have unused sick days, and I want to use all of those days. Without getting into it with my employer, I notified him via email exchanges that I am unable to return to work during the 2011-12 school year, and emailed him a copy of the doctors note, which also states I am unable to return to work. I am now being asked to provide a letter from my doctor stating when I will return to work, or be re-evaluated for return to work.
It appears my employer has not received paperwork on my Permanent Total Disability from SSDI, the NY State Teachers Retirement System, and AFLAC, but my doctor states he will not write a date on my note because he filled out all of the Disability paperwork and my employer states that if I do not provide a date I have to call in sick every night. I have stated that I require the school year off as a reasonable accommodation for my disabilities, but they are not responding to the request. Do I keep calling in "sick" every night?
I would appreciate your guidance.