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  1. #1
    Join Date
    Apr 2008
    Location
    cleveland ohio
    Posts
    1

    Question Harassed At Work Due To Chronic Illness

    hi i work for a large transportation company and i feel like i am getting discrimnated due to having a disease ... in the last year i was diagnosed with ms an it has taken a large toll on my life , i know i am not the "same chipper and happy" person all the time and i was told that in the last three months i have not been the same ??? well let me say whats going on for starters i do have fmla and i am constently getting harrassed if i use it my boss gets real nasty if i tell her i am not coming in or i dont feel well , secondly last tuesday i had to do a sleep study and i need to take medicine to stay awake and i didnt take and i couldnt stay awake at work so i told the supevisor i was leaving and i got written up for this !!!! they said i had lack of integrity for leaving early ?? i was sleeping at my desk ?? lol i need help they said i need notes all the time and i turned in paperwork for the sleep study it said right on it no caffine or stimulants blah blah blah well i take provigil its a stimulant now they want a note from my doctor saying i didnt take it so it was ok to leave ??? how can they do this i have fmla ?? there is way more they are doing ... also i asked if i could get an earlier shift since i am having problems ( i have chronic fatigue from the ms) and my office manager shrugged it off like oh well and my corp office wont answer me ... now i have been there 7 years and have never had any problems till this last 6 months since i have gotten sick its like they are doing things to build a file to fire me or make me quit .. can someone help me i can go in better detail there is much more they are doing ,,, also i am a single mother of 3 and i need this job it pays vry good (19.00 hour) and i support me and my kids comfortly thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Harassed At Work Due To Chronic Illness

    Please use normal sentences and paragraphs. It's hard to understand what you are saying.
    Quote Quoting iluvmz
    View Post
    if i use it my boss gets real nasty if i tell her i am not coming in or i dont feel well
    The question isn't whether your boss is happy about it; the question is whether they're complying with the law. Your boss doesn't have to be happy.
    Quote Quoting iluvmz
    i need to take medicine to stay awake and i didnt take and i couldnt stay awake at work so i told the supevisor i was leaving and i got written up for this !!!! they said i had lack of integrity for leaving early ??
    How would they be discriminating against you due to your disability, or failing to offer reasonable accommodate, by expecting you to follow your doctor's orders and take the medications you require to function at work?
    Quote Quoting iluvmz
    well i take provigil its a stimulant now they want a note from my doctor saying i didnt take it so it was ok to leave ???
    So they're not even disciplining you, or are willing to suspend the discipline if you document your claims with a note from your doctor? Are you stating that you're not willing to do that?
    Quote Quoting iluvmz
    how can they do this i have fmla ??
    Under the FMLA your employer may request that, for any leave taken due to a serious health condition, you provide a medical certification confirming that a serious health condition exists.
    Quote Quoting iluvmz
    also i asked if i could get an earlier shift since i am having problems ( i have chronic fatigue from the ms) and my office manager shrugged it off like oh well and my corp office wont answer me ...
    That sounds like a request for accommodation, and is an ADA (Americans with Disabilities Act) issue, not a FMLA issue. For an overview of laws relating to workplace disability, read this.

    Reasonable accommodations are meant to ensure that you, as a qualified person with a disability, have rights in employment equal to (not superior to) those of your co-workers who do not have disabilities. A reasonable accommodation is a modification to a job, work environment or the way work is performed that allows an individual with a disability to apply for a job, perform the essential functions of the job, and enjoy equal access to benefits available to other individuals in the workplace.

    If your taking Provigil as prescribed will allow you to perform your job duties on your present schedule, you do not appear to be in need of a schedule modification under the ADA.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Harassed At Work Due To Chronic Illness

    Even when you have FMLA & an ADA accommodation, when you are at work you still need to perform your job as anyone else would be required to perform theirs.

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