Medical Issues

[sapphirelo]

I have been seeing a physician off and on since December 14, 2009 for a medical condition who referred me to a neurologist who has been treating my medical issue. I had other medical issues come up and has delayed me with getting this one taken care of. I had a new boss who just wrote me up on last friday for not being able to perform my job. I have been seeing my neurologist off and on with my condition who knows that I cannot go up 2-3 flights of stairs until we get this vertigo under control. I was placed on a Leave of Absence due to a couple of employees who say I am retaliating against them and I had no idea they said I was not doing my job? I had to go see my physician yesterday because I was needing additional medicine for the stress inflicted on me. He has taken me off for medical leave for two weeks and sent over the information to my hr department. I called and left a message for hr to contact me back for my fmla paperwork. Will I be able to qualify for this benefit as I will probably need surgery soon?

 

[Patricia_Young]

How long have you worked there and how many employees are there at your job site or within a 75-mile radius?

 

[sapphirelo]

2 years and there is at least 50 employees within a 75 mile radius. I have 14 employees at my work site.

 

[Patricia_Young]

No guarantees, but sounds like a "serious health condition" that would qualify for FMLA to me. My understanding is that serious health condition includes the process of diagnosis as well.

 

[sapphirelo]

Vertigo which makes it difficult to go up 2 floors and 3rd as well as normal walking. I have a cyst on my pelvic which I am seeing my ob gyn today...i had to see MD as I was having an anxiety and dealing with depression as well who prescribed me medicine. He has taken me off work for 2 weeks and recommends with my medical issues I go on FMLA

 

[Patricia_Young]

Oh, I know. I have a colleague who was out with vertigo (including the diagnosis time) for several weeks, and just went back to work part-time a couple of weeks ago.

 

[sapphirelo]

They terminated me today and paperwork says 3-12-10 and vacating papers state 3-11-10. I was at the doctor's office when they called and wanted me there to terminate me face to face...but I told them I was at doctor's office and they asked if they could read it over the phone. I told them go ahead. Then they wanted to put the paperwork inside my apartment and I told them NO. They asked if they could leave it on the door. I told them sure.

 

[sapphirelo]

I feel for your friend as it is a weird feeling when you have no control.

 

[Patricia_Young]

So, DID you file for FMLA or the employer knew you were about to? And what reason did they give you for your termination?

 

[theretoo]

http://www.dol.gov/whd/fmla/finalrule/factsheet.pdf

http://www.eeocoffice.com/States/texas/texas.htm

To The OP, file a complaint with the EEOC ASAP as well as the Texas Department for Civil Rights.

http://www.twc.state.tx.us/customers/jsemp/jsempsubcrd.html

Your medical condition, even tho still in the diagnosis stage, may qualify as a disability under EEOC and Texas state law. You may have protections under the ADA.