I have had ongoing issues with long-term (over 2 days) travel for my job. I am an Account Manager with a number of clients around the USA. I have advised my supervisor, and now asked for intermittent FMLA while I work through therapy and adjustment of medications to assist me. I'm concerned my employer (of almost 10 years) will terminate me at any time, as my leave would be intermittent. Because travel is a part of my job, is it reasonable for me to request the use of teleconferencing, etc while I work though this? Also, should I not travel until I am fully confident I will be able to make a long trip, thereby not disappointing a client, or myself from failure? I've missed a very important company meeting, and I'm naturally nervous (actually the stress from this exacerbates my anxiety). I very much like my job, and the company I work for. I just need some time to work through this. Any insight would be appreciated. Thank you.
FMLA - Panic Attacks
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army judge
Super Moderator
This would be up to your employer.
Some employers are more caring that others when it comes to using FMLA.
They allow it, but in its without pay, so what's the point?
Ask these specific questions of yoru HR Department as to how its implemented in your organization.
One size does not fit all.
Some employers are more caring that others when it comes to using FMLA.
They allow it, but in its without pay, so what's the point?
Ask these specific questions of yoru HR Department as to how its implemented in your organization.
One size does not fit all.
cbg
Super Moderator
I think you may be confusing FMLA with ADA accomodations. They are not the same thing, and the eligibilty criteria are not the same either.
FMLA is unpaid leave. If you, the employer, and the medical condition all qualify (and a doctor will confirm that you have a "serious health condition" as defined by the FMLA statute), you are entitled to up to 12 weeks of unpaid leave which can be taken either in a block or intermittantly. You CANNOT legally be fired for using FMLA as long as you do not exceed 12 weeks; your employer CANNOT deny the use of FMLA if all the criteria are met. The only accomodation under FMLA is that the employer has to allow you to take it.
Under the ADA, if you have a qualifying condition you are entitled to a "reasonable" accomodation that will allow you to fulfill the essential functions of your position. A SHORT non-FMLA leave can be in some circumstances a reasonable accomodation, but likewise the employer is not REQUIRED to provide non-FMLA leave under the ADA either if there is another accomodation that will fulfill the purpose.
It is VERY important to note that the criteria to meet the definition a serious health condition under FMLA, and the criteria to meet the definition of a disability under the ADA, are NOT the same. It is possible to qualify under FMLA but not the ADA; it is possible to qualify under the ADA but not FMLA.
There is only one condition that is automatically covered under the ADA and that condition is HIV/AIDS. Every other condition, without exception, must be looked at on a case by case basis. The fact that it appears on the JAN does NOT mean that each and every person who has that condition is covered. Although the law has recently expanded and clarified who is covered, it is still necessary to review the individual condition against the definition and to see what accomodations are available by YOUR employer and for YOUR position. An accomodation that it is reasonable for IBM to provide may not be reasonable for the mom-and-pop grocery down the street; an accomodation that will work for the sales manager will not necessarily work for the receptionist.
A few things that the employer is never required to do under the ADA:
1.) Eliminate an essential function of your position (as opposed to a non-essential function)
2.) Bump another employee out of their position to give it to you
3.) Create a position for you within your restrictions
4.) Give you the accomodation you want or even the one the doctor recommends (only one that works)
It is my opinion that a message board can never say for certain what does and does not qualify under the ADA or say what accomodations would be reasonable. Those issues are FAR too situation specific for us to try to make those determinations. But the first thing to determine is first, whether FMLA, the ADA, or both apply. For that you need to talk to both your doctor and HR.
FMLA is unpaid leave. If you, the employer, and the medical condition all qualify (and a doctor will confirm that you have a "serious health condition" as defined by the FMLA statute), you are entitled to up to 12 weeks of unpaid leave which can be taken either in a block or intermittantly. You CANNOT legally be fired for using FMLA as long as you do not exceed 12 weeks; your employer CANNOT deny the use of FMLA if all the criteria are met. The only accomodation under FMLA is that the employer has to allow you to take it.
Under the ADA, if you have a qualifying condition you are entitled to a "reasonable" accomodation that will allow you to fulfill the essential functions of your position. A SHORT non-FMLA leave can be in some circumstances a reasonable accomodation, but likewise the employer is not REQUIRED to provide non-FMLA leave under the ADA either if there is another accomodation that will fulfill the purpose.
It is VERY important to note that the criteria to meet the definition a serious health condition under FMLA, and the criteria to meet the definition of a disability under the ADA, are NOT the same. It is possible to qualify under FMLA but not the ADA; it is possible to qualify under the ADA but not FMLA.
There is only one condition that is automatically covered under the ADA and that condition is HIV/AIDS. Every other condition, without exception, must be looked at on a case by case basis. The fact that it appears on the JAN does NOT mean that each and every person who has that condition is covered. Although the law has recently expanded and clarified who is covered, it is still necessary to review the individual condition against the definition and to see what accomodations are available by YOUR employer and for YOUR position. An accomodation that it is reasonable for IBM to provide may not be reasonable for the mom-and-pop grocery down the street; an accomodation that will work for the sales manager will not necessarily work for the receptionist.
A few things that the employer is never required to do under the ADA:
1.) Eliminate an essential function of your position (as opposed to a non-essential function)
2.) Bump another employee out of their position to give it to you
3.) Create a position for you within your restrictions
4.) Give you the accomodation you want or even the one the doctor recommends (only one that works)
It is my opinion that a message board can never say for certain what does and does not qualify under the ADA or say what accomodations would be reasonable. Those issues are FAR too situation specific for us to try to make those determinations. But the first thing to determine is first, whether FMLA, the ADA, or both apply. For that you need to talk to both your doctor and HR.
Many thanks for the details and clarification. I really love my work, and know that I will be able to get past this with additional assistance. My company HR team has always been regarded as fair, so I'm hoping we can work together to help me achieve success. Panic attacks are a very difficult condition to work through, and can be perceived as "mental illness" in a negative way. I am coming up with goals to help me achieve success, and wondered if it would be a good thing to forward those to my HR department/supervisor to demonstrate my commitment to achieving success and meeting company objectives. Any thoughts on that - or would that be something that could hurt me in some way?
cbg
Super Moderator
What I would do is talk to your doctor as to whether or not, in his opinion, the ADA applies. If he agrees that it does, then I would go to HR, formally request accomodation, and at that time it would be appropriate to discuss your goals with them as part of the accomodation request.
theretoo
New Member
Agreed, have your Dr. request the accomodations for you, in writing to your employer. They may not be able to accomodate in exactly the manner requested, but they are required to work with you on an accomodation that will work. Time away from work, your intermittent or even continuous FMLA, would be considered an accomodation for your condition.
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