On fmla leave from anxiety please read

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newbie461022

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Hello,
I have worked for this company for 8 years and have had a excellent employment history as well as an outstanding attendance record and a above average performance reviews every year since I have been working here I know I am a valuable honest and good worker. I also am in Arizona.
The issue now is that we have grown nearly doubled our business and I cannot keep up, I have several e-mails asking for help telling them I cannot keep up they date back to 9/09 I have sent the e-mails to the HR department as well as my supervisor asking for help (nearly 12 e-mails ) some as recent as 3 weeks ago.They also just let someone go and now everything is on me until they replace him and that really put me into a huge anxiety attack.In order to keep up I would have to work 7 days a week as well as evenings as we are a 24/7 company and I could get a service issue after hours.
I suggested that until they replace the terminated employee to hire someone from manpower or day labor to assist in the warehouse so that portion of my work would be handled, the replacement of the terminated employee will take about 4 months they said no to my suggestion of temporary help and I just have to do my best over the next few months . IF they would have just gotten temporary help I would have not had to work 7 days a week and could have managed with minimal overtime as well.
Well, on January 4th I had severe chest pains, blood pressure so high I had tingling in my fingers, I called the boss and stopped work and went right to the doctor and I was put out for 14 days (possibly more ) due to severe anxiety and stress brought on by this entire situation.
I am also on several prescribed medications for the next 6 months minimum.and If my situation doesn't improve I could be out even longer than the 2 initial weeks that my doctor felt was needed to get me away from the stress my job has caused and to also let the medication get my body back in sync.
My doctor has me on a treatment plan that will require me to go to the doctor several times over the next few months until I show signs of becoming normal with out this severe anxiety and stress.
They could have avoided this by taking my advice and hiring someone to help or send someone from another office ( as this is a huge global company) with over 4000 employees. however, they chose to overwork me until I now an so overwhelmed I cant sleep without medication.
I called the HR department and filled out the FMLA paperwork as well as short term disability. I WANT TO GO BACK TO WORK!! I just cannot function working 12 hr days and having to work 7 days a week and possibly having to be called out at night. It is to much. I also attained an attorney in case this gets out of hand.
I am worried that I was told by my doctor that when I go back to work I need to be on a 46 hour max work week and no more than 4 days a week to be able to pull call after hours at least for the next 30 days . I feel this is reasonable and worry my employer may not. Can they terminate me when I go back saying my job requires overtime and I am not able to do the job as required? or would the FMLA protect me since I am under doctors orders? and also the restrictions are reasonable I can work when I go back no restrictions other than the hours and on call time. Any one have any ideas of what to do? I would hate to go back once I get my nerves and anxiety under control only to be terminated. I even thought about calling the human resource department to ask them as this "fear of termination" doesn't help my anxiety and sleeping issues!! any suggestions?? Thank you for reading this rather long post.
MC.:confused:

p.s.
I am still waiting on the short term disability to be approved I was told it should be also would this qualify as a workers comp issue since this happened at work from the stress of my work??
 
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It's going to be an uphill battle to get this approved as a WC claim. Just because something happens at work doesn't mean it was totally caused by work. I've had employees with anxiety syndrome, and I've even had a heart attack myself and it happened AT work. However, these problems don't just happen without other stress factors, health issues, etc., involved.

I suggest you use this time to reconsider either your line of work or look for another job, because this employer isn't going to change any time soon.

Until you are medically approved to return to work, even if on a reduced schedule, there's not much else we can help you with.
 
well what about the other issues the way I am treated that is a HUGE concern to me. I just want to either hold them accountable for this condition caused directly by my excessive work or have them adjust my schedule so I can come back is that to much to ask? and can they FIRE me because of my 46 hour work week restrictions that are for only 30 days once I return . Remember this is the doctors recommendation.
 
What I'm saying is that it is unlikely in the extreme that your job was the SOLE cause of your anxiety attacks. You can bet that if you file a WC claim for this incident, the carrier will look into every aspect of your medical history back as far as they can get.

FMLA is job-protected leave for a maximum of 12 weeks per year. Once FMLA is expired, the law requires them to return you to your previous job or one similarly situated, with no loss of pay, benefits or working conditions.

IF your anxiety attacks persist and IF they fall under the ADA (and that is no means certain-every case is looked at individually), you can request "reasonable accommodations" that will allow you to perform your job. However, it seems you believe that such accommodations should include a lot fewer hours, and the employer isn't required by law to allow that. The employer is not required to give you the accommodation you want or the one your doctor recommends. Would a 30-day reprieve in hours worked be reasonable? Might be, might not.
 
Thanks for the reply back. I can tell you I have NO history of this and never had issues before with this or any other employer.'I also have never been asked to work 7 days a week sometimes 12 hours a day PLUS take on call with the possibility to have to go out at any time of the night. They are being unreasonable and this is the sole cause of whats going on with me. I have no medical history of panic attacks or anxiety and I also have been at this same job 8 years and I am in my 40s.... and again I have been asking them for months in writing for help

all I want is to go back with out having to work this enormous schedule. Is that not a fair thing to ask the HR department??? can they fire me for not being able to continue 24/7 your thoughts??? 46 hours a week is a very fair amount of hours I can even pull call 4 nights out of 7 a week Once they replace the terminated employee things should get better but that will take 4 months. Why should they be able to work me to the point where I now have this medical issue? and it IS from this job,again, I have NEVER had any issues like this and I have had a nearly perfect attendance record with this company since I started 8 years ago.I know I am a valuable good worker and as also mentioned I have had VERY GOOD as well as some EXCELLENT performance reviews.... I am stumped that they don't get it...........I cant work 24/7 for 4 months.It has really affected my health... I want to get back to work ASAP!! and also wonder if I need to call the HR department to see what they are going to do..
 
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I also have a WC claim in for similar situation....when you file for WC, you are fighting the Insurance Company, not the employer. That being said, WC is difficult to find a WC atty to take your case.
WC attorneys take a much smaller percentage cut out of a case than would an employment law atty, if you have an employment law case (according to your atty). You would get very little from a WC case, even if you win under psych/stress claim. I am in the same uphill battle.
In this state anyway (CA), you have more rights under employment law than you do under WC laws. WC laws are insurance company driven.
 
"Fair" and "required by law" are two different things. I don't disagree with you, I've been in a similar situation. Unfortunately, I couldn't hang on long enough to get into a doctor and I ended up quitting. I don't see any problem with calling HR to find out your status and what is planned for going forward.
 
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