FMLA discrimination

[jnjohnson]

I have been working for a local hospital for 6 years. Over two years ago in February, I had to have sinus surgery to prevent recurrent sinus infections. Then, two years ago in May, I had routine gallbladder surgery after a three-day hospital stay for a gallbladder attack. I woke from the surgery with constant chronic pain. Over the past two years I have had numerous procedures and in March 2007 they finally found the cause of the pain. I was taken off work for a couple weeks prior to surgery and then returned to work two weeks after this extensive surgery feeling better than ever. However, because of the constant chronic pain, they had tried several long-acting pain medications to control the pain and the only one that worked without horrible side effects was methadone. Now that the pain is gone, I have been weaning off the medication. At first it was easy, but the lower the dose got, the worse the side effects got. I wake up every single night with aches and pains that feel like I have the flu or arthritis. My limbs jerk severely and I can't lie still. I wake up every morning vomiting and hurting from my head to my toes. Despite this, I have made it to work for at least 4 hours every day. The thing is, when these side effects start up again at work, I get a pins and needles feeling through my entire body and my hands go numb. I am a medical transcriptionist, so it is hard to type when you can't feel your hands.

Today I was called into my new supervisor's office under the guise of discussing the issues at hand and how much time I had left of my wean. When I got in there, I was ambushed by the manager, a human resources representative, and my supervisor. Despite being on FMLA and having numerous medical documents supporting my absences, I was informed that if I miss any day, if I am even one minute late for work, or if I don't make up time from scheduled doctor appointments, I will be terminated.

I thought FMLA protected you from termination due to long-term illnesses. I have no problem with coming to work after I am weaned off this horrible medicine, the thing I am upset about is that I am a single mother and with this new policy in effect, I can't pick him up from school if he gets sick or hurt and I can't wait with him until the babysitter gets there if he is ill.

All of their polices are very vague and no one ever told me that I was running out of FMLA. My former supervisor always said not to worry about it and take care of myself. I have never been given a verbal warning or had any idea of what was coming. In the six years I have worked there, I have had almost 100% quality at all times, way above average production, and I have really been a stellar employee except for having to miss work due to surgeries, procedures done under conscious sedation, and these horrible withdrawal effects.

The paper they gave me today informing me that I would be terminated if I violated any of these things was signed by all three of them, but I was not asked to sign it.

So my questions are--is that piece of paper valid if I haven't signed it. Should I sign it or should I try to get a stipulation put in regarding the health and well being of my son. Is there anything I can do under FMLA guidelines to be able to save my job in the event of an emergency. Would it help to have all the people I work for (doctors, nurses, etc) write a note on my behalf or have the providers that have treated me for the last two years write a letter on my behalf, with my permission of course, to try to help them understand what a difficult two years I have had. I am seriously in shock and at a loss for what to do. So many things can happen in six months, and I would hate to lose my job due to something as silly as being one minute late or having to take my son to urgent care for an acute illness. None of this seems right or fair.

I would appreciate any and all advice.

Julie

 

[cbg]

Before I answer your questions, I have one for you.

In the last twelve months, how much time TOTAL have you missed, for ALL medical conditions. This includes partial days (leaving early, coming in late). Be specific.

 

[jnjohnson]

Re: Question...

Apparently I have used my FMLA for the year, but no one every notified me. My supervisor just kept telling me not to worry about it and get myself well so I can start over. At the beginning of the year, I was taken off work for one week for an undiagnosed stomach illness where I couldn't hold down any food, which they thought was related to my medication, and actually ended up being part of my medical problems for which I had surgery. I had to come in on two different occasions to receive IV fluids. Then I was taken off work for three weeks prior to my surgery because they couldn't control my pain. I then had surgery on April 12. I was taken off work for another two weeks after surgery, then sent back part-time for two weeks, and then back to full-time work. I have never missed work unless I have spoken with my provider, and every day I missed I assumed was covered under either my short-term disability or FMLA. No one ever told me any different, and I have been in frequent contact with them. They always told me the same thing, don't worry about it, just take care of you. In fact, my provider wanted to take me off work all together again until I was weaned off the medication, but I chose to try to work instead. I am just very confused because I thought most of the time I was off was covered under short-term disability and not FMLA.

I am not worried about getting to work because I finished my wean this weekend. I am worried because I am a single mom with no one nearby to help me, and I am very worried about my son getting a migraine or getting hurt at school and not being able to pick him up from school. I am worried about getting a contagious illness, like strep throat or bronchitis, which I usually get one or the other throughout the year, where my employer forbids you to work for at least 24 hours so you don't infect your coworkers. No one has been able or willing to answer these questions for me at this point. So I just want to know what my rights are.

 

[cbg]

STD is not leave. STD is how you get paid while you are on leave.

If your FMLA has expired, you can legally be terminated for missing any more time. The law allows you ONLY 12 weeks in a 12 month period. Once you have used that, your employer has no legal obligation to grant you any more time, no matter how legitimate the need for additional medical leave may be.