Quote:
Originally Posted by pppp3
I could be living in my own little realist world, where discrimination is rampant, but no longer exists in the workplace,
but I must ask,
who would want their employer to know, that their illness is due to mental illness (E.g. Severe depression or suicide attempt),
and feel comfortable returning to that same workplace?
I'm fairly sure the FMLA-Family Medical Leave Act, requires ongoing physician documentation regarding the specific details of the illness.
Plus, I certainly would not want to pursue a wrongful termination suit, if/when mental illness required hospitalization.
It would be too easy for them to claim that your current mental status prevented you from adequately performing your job duties.
(Fortunately, I am self-employed and don't have to deal with corporate politics anymore). But I remember many years ago when I was wrongly terminated due to a hospitalization from a complicated pregnancy during the first trimester, (they did not know I was pregnant and an unscrupulous nurse in the emergency room told one of my coworkers),
and their lame excuses (I would be out too long), seemed enough, that no lawyers wanted to get involved. I held a very high level administration job at another hospital at that time.
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The nice thing about the few acts that government has to protect us is we can use them to help out situation. FMLA will protect your job and requires your employer to make reasonable accommodations. You don't have to say what the cause is because you are protected from disclosure of your medical records by HIPPA. You would have to have a doctor provide proof and many employers may not take your word that a task is not reasonable for you to do. You don't have to disclose why, just that your doctor doesn't feel it is in best interest.
Again the accommodations have to be reasonable. If you are a roofing installer and break both of your legs then there isn't a reasonable way they could accommodate and person would be unable to work.
Mental illness has a lot of stigma. I have not told my employer about my depression in fear that it may have unintended consequences or I may be past up for promotions.
It can be a very hard judgement call. If you broke you leg than it is easy to say I cannot safety go onto a ladder. If your depressed it may be harder to explain why on someday it takes you much longer to complete tasks.