1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Mental Illness & FMLA

Discussion in 'Medical Leave & Disability' started by nopinoni, Mar 29, 2018.

  1. nopinoni

    nopinoni Law Topic Starter Member

    Messages:
    38
    Likes Received:
    0
    Trophy Points:
    6
    Jurisdiction:
    New York
    I am posting the message below for my friend who needs advice and direction. Your responses to this issue is very much appreciated. Thank you.

    ----------

    Hello Everyone,

    Thank you for your time and any correct expert advice you can provide about my situation.

    I work for an Internationally well known corporation in New York City and have been employed with this company for seven years. I carry a diagnosis of Bipolar 2 and have carried this diagnosis for over the past 20 years on and off switching from Bipolar 1 and Bipolar 2. This diagnosis satisfies the ADA definition of disability which I satisfy. I have been doing my job well over the years in this company and currently the top producer in my location single-handed bringing in close to half a million dollars in profit in less than a year. Recently my illness has become extremely difficult to manage mostly in part from work related issues. My direct report as well as account executives have been informed and are aware that I am bipolar 2 as I was advised by my medical team to inform them when I was being transferred to their territory over a year ago. I recently reviewed our benefits resources and it stated on their website that “they focus on our well being.” After reading and knowing this I had informed my direct report that my condition is worsening and that my psychiatrist and therapist advise I enter a treatment facility. The program at this particular facility is a one month minimum for bipolar and mood disorder. When I informed my direct report of this I was met with clear upset and a passive-aggressive attitude as well as a comment of “you won’t be able to take FMLA leave for a psychological problem… the most you can take is two weeks.” Two weeks is also the exact amount of sick leave allowed by my company per year but the program lasts a minimum of one month! Another comment was made that “even though you are the top seller, if you can’t do the job you may not have one and it all depends on the needs of business.” I was very upset by this reaction but also tried to place myself in their shoes as if I were going to be without my top producer for a while as well. I have not gone to our HR department as I wanted to get more information from this forum before I do.

    I wanted to know - Is it true about not being able to take FMLA leave for a “psychological problem” even though I would be going to a facility and also have a diagnosis track record of my illness going back years? Also, if I did go to the hospital could they say I am unable to do my job anymore and then I may not have a job after I get out? Does any of this violate some state or federal laws of NYC? Are there any forms my medical team and or I can fill out on the state or federal level that can “document” that I carry a disability? Any other relevant information or links would be highly appreciated.

    Thank you again for your time and advice.

    A.C.S.
     
  2. cbg

    cbg Super Moderator

    Messages:
    8,449
    Likes Received:
    1,589
    Trophy Points:
    113

    No, it is not true. FMLA lasts for exactly the length of time the treating doctor says it is necessary, not one day more and not one day less, with an upper limit of 12 weeks. From week 13, day 1, it is no longer FMLA and company policy goes. But with the sole exception of "baby bonding" there is nothing with the 12 weeks of FMLA that limits any particular condition. If the doctor says four weeks, then it's four weeks. If the doctor says one week, then it's one week. And so on. FMLA is the one and only time, not even excluding the ADA, when the doctor gets to tell the employer how to run his business.
     
  3. nopinoni

    nopinoni Law Topic Starter Member

    Messages:
    38
    Likes Received:
    0
    Trophy Points:
    6
    Ok got it. Thank you for the info. I appreciate very much.

    I wonder if anyone can provide me some instructions on how to file a request? What forms do I need? Thank you so much.

    A.C.S.
     
  4. army judge

    army judge Super Moderator

    Messages:
    33,039
    Likes Received:
    5,240
    Trophy Points:
    113


    Ask your HR rep or manager for specific guidance on what your employer requires.
     

Share This Page