Working With Disabilities

I am new here and I am also new to the disability game due to being diagnosed with Multiple Sclerosis in May of this year.  I sent out a letter to all my friends, and loved ones looking for guidance with the work issues I am facing, but since they haven't had to deal with these issues the response hasn't helped me very much.  I am hoping with a group of people that more than likely have dealt with this same issue then someone here will be able to point me in the right directions and tell me what steps to take.  I am a single mom, 2 kiddos, have beaten cancer 4 times now....3times while I was employed with the company I am employed with.  I didn't take FMLA during chemo treatments and didn't ask for any special treatments except that on appointment days I could arrive later than normal.  My company has a policy that if you work for 5.5 hours then they pay you for the entire day, so I always made sure I would make it there in time so I would not be counted absent.  They did have a discussion with me after a chemo treatment about how tired I was looking and weak and maybe I should take a leave.  I said well...chemo makes you sick and tired but I am managing and I don't need to take a leave at this point because I am still able to perform my job task.  Well after that I transferred to another town in a different job capacity but with the same company.  I was cancer-free at that time.  About 3 months later the cancer returned but I had a week's vacation left to take so I set up the surgery for that week, had the surgery and was back on the following Monday.  THis was in October 2007, now my company says that is being deemed a week of my current FMLA, but I said I was on vacation that week,a nd was paid vacation time and my doctor did not fill out any paperwork, and I didn't request a leave or sign paper work... Human Resources response was too bad we are counting that as a week on this leave.  Below is the letter I sent out to my friends explaining the current situation and me having to return to work on Monday.  I MUST BE AT WORK MONDAY!!!! I can't afford not to be.  Okay I am open to any and all advice weather it be what I want to hear but I need to know my rights here and what I can't do.  Thank you in advance for you help and wisdom.

Sincerely,

Allissa 

 

 

Hello Everyone,
I am in a bit of a frazzled state right now and I am hoping that some
of you will be able to help me. Let me start at the beginning, but I
will keep it as short as possible. On May 14th I had an appt with a
neurologist because my left side was asleep, well he sent me to the
Hospital and I had all the test MRI, Lumbar Puncture...etc. All tests
were conclusive for MS. Okay, I took FMLA(Family Medical Leave Act)
from my job at a bank as the Loan Vault and documentation clerk. This
assures protection of my job for 12 weeks. I had tried to go back
sooner, but when I tapered down on the prednisone, then my symptoms
returned. Okay I now have to be back to work by Tuesday because my
FMLA ends, but it says they will not fire me but I can't be assured
that the same job will be available when I am ready to return. I got
my doctor to okay my return on light duty for Monday, and thought this
was going to be okay. I called my boss, and told her I could come
back to work on Monday, but it would be light duty. She said what
does that mean.... I said well no standing over 10 minutes at a time,
and I started to tell her the rest but she said that is gonna be a
problem. She said your job involves a lot of work and I need someone
who is 100%, and it doesn't sound like you will be able to give me
100%. I said no, not at this point but I can come and sit and do the
reports at my desk, and scan all the documentation, and that is 50%of
my job. I can do some of the remaining 50% which is filing...because
I can sit and sort, and file in increments so I don't overdo. She
said well I would rather you wait to come back until you are able to
give 100%. I said okay if I take another month off to see if I am
then 100%, are you gonna hold my job??? She said well if it is still
open then you would be welcome to it, but more than likely you would
have to apply for whatever is/may be available at the bank. In other
words, if you can't do it then too bad. She went on to say that she
knows my disability will be good for another 3 months.  I may never be "100%" again, and this may be as good as my leg gets, but I am still head and shoulders a better, smarter worker than they have in that department.  I do my job, keep my head down, and that is all I asking to do now.   Okay, My
questions to the group are:1. Can they do this??? Can they tell me I
can't return to work if I am not 100%? If I do go back now are they
gonna wait a week and call me in the office and tell me that I am not
performing up to standards??? 2. Do I need to get an attorney before
trying to return? 3. Don't they have to make some accommodation' s
per the disability act? 4. Can they refuse to let me work on light
duty since it is doctor's orders? 5. I may never be 100% again, so
what does that mean, am I just shit out of luck? 6. Can my boss refuse to let me work on light duty, and send me home...if so do I need to get it in writing that she if forcing me to leave.  I know before I was
hired for this job, they had a temp that did all the filing, and my
job was split among 3-4 people. Once I started, then it all became my
responsibilities, and they have added quite a few to the list. I work
in a department with 9 women, myself included, and I can honestly say
that myself, and one other lady are the only ones that have a full
day's work everyday. In fact, most days we are pushing until the last
second. The other ladies, well they pretty much are finished within 2
hours, and then the rest of the days they sit and talk, chat on the
phone, and surf the net. I am not exaggerating. I was very
displeased by how this department is ran and maintained, but it is
basically being in jr. high again. The boss's buddies sit up front
and chit-chat, while I am running around like a chicken with my head
cut off, eating my lunch at my desk because I don't have time to stop.
The week when I lost feeling in my leg, was an audit week, and I
spent 40 hours that week on my feet, running carts and files back and
forth to the auditors. NOt once did my boss or any of the other women
ask if I needed help. Since I have been off work they haven't
bothered to call me and see if I am alright, and I did stop by with my
daughter one morning to speak to my boss and show her I was using a
cane, and trying to get better. I went back to my office to retrieve
a few items, and passes everyone of their desk, and they all looked up
but didn't not speak. This to me is just plain rude!!!!I guess my
manners, and my daughters are on a higher standard. Okay I am done
ranting and raving, but I NEED HELP AND SUGGESTIONS HERE, SO PLEASE IF
ANYONE KNOWS THE APPROPRIATE THING TO DO PLEASE LET ME KNOW!!!I have
been with this company for 3 years, and I am a single mom, and this is
my only means of income and insurance for my daughter. If I lose this
job then I will become homeless in a hurry.
Thanks for your time,

PS---IF ANYONE HAS A FRIEND WHO IS A LAWYER THEN PLEASE ASK THEM FOR ME...I DON'T KNOW WHAT I NEED TO DO HERE.  It was put to me as if you return Monday then we are gonna let you try and then say too bad you can't keep up, but if I don't return Monday then my leave is up and they can give my job away and I would have to re-apply for anything that may be open at the bank..REAPPLY---like I have never worked there:(  I am just about to the point of going in Monday and documenting every little comment made to me.  The only accommodation I requested was help with filing in the vault because the doctor doesn't want me standing for that long.  I didn't mention that the doctor thinks I need to stay on half days from here on out.  I didn't want to give her any ammunitions.  Do I go in to work and push myself, which could cause harm to myself, and a possible injury.  I could fall if my leg gives out, and on the vault floor....that would leave some nasty bruises,
or do I go and get a wheel-chair so I do not have the problem with the standing issue, but then the bank will have a problem with the height of their filing cabinets because you will not be able to even reach the bottom one sitting down in a wheel chair. So what do you all think??????

Hi Allissa ,

I wish I had a fast answer for you, but as I don't know how much your MS has effected you it's kind of hard to know how to help... at least on my end in WY.  I'm going to give you some web pages you can check out and see if they can help you or lead you to help. I have MS also, but I do not work... Many people with MS work and lead lives outside thier homes, I pray you will also keep doing that, perhaps a different job placement, and perhaps from a sitting chair, but I know you want this and I hope you get all you want and need. Blessings, Lisa Catherine

 http://www.ada.gov/ 

 http://www.nationalmssociety.org/index.aspx

 

                                                                 

 

 

 

Dear Allissa, First off, welcome to Disaboom! Glad you are with us. Okay, my suggestion is go and see an attourney ASAP. Your first visit is a free consultation. When I took an LOA from work they held my position for 90 days. Only then could they advertise for the position, but I never went back. I do not have cancer, but I do have MS. There are  cruel people out there. Hold on to your insurance plan if you end up leaving and be sure to get a letter stating what illness you were diagnosed with while you were there. This is about the pre-existing illness thing that makes it impossible to get coverage later on... ask the attourney about it. It also helps to have a list of questions before you go in.

Many people have pre-concieved ideas about illness. They hear the "c" word and they already  have you dead and burried in their mind. MS is like that too. I had work collegues and friends who mapped out my whole future and what MS would be like for me when I was diagnosed six years ago. They based their assumptions on what they saw with someone else, but there are different kinds of MS and the condition acts differently from person to person.

Not long after my diagnosis, I had a nasty relapse. I was paralysed from the waist down. One of my doctors told my Dad I had three years to live!  Another neurologist told me, There is nothing I can do to help you.    My Neurologist was out of town at the time. When he returned he was mad! He gave me IV steroids and within three months I was walking again. If I had listened to those other doctors I'd be dead by now!

After a nasty fall, I herneated a disc in my back. For three, almost four years, I have been waiting for the vertebrea in my back to heal. The pain has kept me mostly bedridden, but I will walk again! One osteopath I went to told me, I will not do surgery on your back. You aren't a good canidate for surgery. You are going to lay in bed and get blood clots and die.                                                                                                          He assumed I would never walk again, so why do surgery! It's really important to me not to listen to these people! Even neurologists can be wrong!! They are not God!

You have already shown how strong you are from those cancer surgeries! MS is different for everyone who has it. As you already know, attitude plays an important role in our immunity and our survival. We have to  be so careful not to let others name our reality and bring us down! This is why Disaboom is so good. Stick with us because we are good support for each other. This place has a positive spirit and many wonderful people.

Beblessed,       

pambe

I'm no lawyer.......but it strikes me......that you should get the wheelchair.......stand for only as long as you need to file in the top drawers.......and see if your stamina can hold out for a full day. If not.....you might just not be able to keep this particular job anymore.......which would be a shame.......but keep looking forward. New avenues can open up . My wishes for the very best for you............peace and love......Norma

Hi Allisa and welcome to Disaboom!

 

There is no way that company can deny you light duty by doctor's orders.  They had better make a job for you to do right now if your position does not qualify for light duty.  Somebody is stepping all over your rights not only as an individual with a disability but your rights as an employee.  Unbelievable, but I know the nasty crap that can go down in the workplace.  I can only suggest get legal help asap!!

 

best wishes,

Sherry

You need to call the local EEOC office and learn exactly what your rights are (as an employee).  If there needs to be any investigation and/or legal action, they will handle it for free.  (As I recall, going thru the EEOC was faster than say, the DOJ.)

 It sounds like your supervisor and/or human resources dept needs to be educated in this area of the employment law.  I do not think they can force you to take FMLA time if you did not apply for it. 

BTW:  You should not be alarmed by the return of your MS symptoms.  Steroids (such as Prednisone) do not cure MS; they are only a palliative treatment.

I agree with Hinge, call the EEOC. If they paid you vacation time then they can not count that as part of your leave. I ended up having to hire an employee / employer relationship lawyer and go thru the EEOC to deal with my HR lady. She tried to make my injury work comp not disability, then pushed the time line ont he FMLA as well. She terminated me while in surgery then cut off my health insurance a week later with no notice on any of it. It was amazing how fast she quit the company one the papers were filed. 

She broke a lot of rules like calling my insurance company and breaking HIPPA (2 times) and a few other special things that they shouldn't do but did. If you don't stand up for yourself you may get run over like they tried with me.  

 

 

 

 I am currently searching for an attorney here that is not tied into the bank I work for here in Arkansas.  I went to work this morning, and gave my doctor return note with restriction of standing must be limited to 30 minutes intervals.  I worked for 3 hours with no difficulities even though the air conditioner wasn''t working and it was 90 degrees in the vault.  At 11 AM I was called to my supervisors office and told that I would not be able to work here with a restriction.  They didn't allow employee's to have restrictions upon their return.  I said I feel like I have been doing just fine this morning.  I completed everything that I has needed completion, and I took a break and did reports at the end of standing for 30 minutes.  I don't know how they can tell me that I can not work with this tiny restriction, when another lady is returning from maternity leave and I am sure after her c-section she will have restrictions.  Isn't this discrimination???? I was also told that if I had only taken 4 weeks off instead of the 12 weeks then my job would definately be available to me,  but since I did take the full FMLA....well they need someone who can hit the "ground running". (Their words)  My only impairment at this time is that my left leg is weak on some days.  I have full feeling and range of the limbs now.  I think they have messed up because they are counting that week from last week as a week's leave when I was on vacation, but just happened to have surgery.  Anyways that is where I am at now... Waiting on a return call from an attorney to see where I need to go to next.  Any other suggestions?

Thanks,

Allissa