This is the letter I recieved from my employer this morning.

Dear Jenifer,

Most recently I advised you your balance as of April 22, 2005 that the balance of your FMLA leave was 68.5 hours. With your FMLA usage since that time, as of today May 13, 2005, your balance is 27.5. Your current 12 month period of FMLA is through Novemeber 18, 2005.
If you exhaust your current balance of 27.5 before November 18, 2005, your FMLA benefit also be exhausted and you will have no further job protection. If you fall into the leave with out pay situation once FMLA is exhausted, your employment will be in jeopardy.
Jenifer, please reply to this letter to confirm you understand this letter and feel free to ask any questions.

Thank you.

******OK that was their letter to me*******
this was my reply letter.

I have read the letter and I understand the contents of the letter. However, According to the ADA (Americans with Disabilities) I am considered disabled. My mental illness of Depression, Anxiety and Panic Disorder is considered a disability.
I have talked with you about this earlier on about accommodations for my work schedule. As you are aware, under the ADA law, I cannot be discharged from employment because of my illness. I have asked for reasonable accommodations. What I feel would be reasonable is a reduced work schedule. I am still able to perform the essential functions of my job. However, I am still seeking treatment for my illness by attending weekly therapy sessions and medication as prescribed by my psychiatrist. I am taking all possible avenues to treat my illness and should not be penalized for it.
I have contacted National Alliance for the Mentally Ill and was given the below information.

Do all employers have to comply with Title I of the ADA?

Private employers with 15 or more employees, state and local governments, employment agencies, labor organizations, and management committees are all subject to the ADA. The ADA does not apply to the federal government; however, discrimination by the federal government or federally assisted programs is prohibited under Title V of the Rehabilitation Act of 1973.


To be protected by the ADA, do people have to disclose their disability?

Yes, Employers are obligated to make reasonable accommodation only if they are aware of a person’s disability. Thus, employers do not have to accommodate disabilities that they are unaware of. If an employee with a known disability is having difficulty performing his or her job, an employer may inquire whether the employee is in need of a reasonable accommodation. In general, however, it is the responsibility of the individual with the disability to inform the employer that an accommodation is needed.

The ADA requires employers who provide "reasonable accommodations" for qualified individuals with disabilities. What are "reasonable accommodations" for people with severe mental illness?

Examples of reasonable accommodations for people with severe mental illnesses included providing self-paced workloads and flexible hours, modifying job responsibilities, allowing leave (paid or unpaid) during periods of hospitalization or incapacity, assigning a supportive and understanding supervisor, modifying work hours to allow people to attend appointments with their psychiatrist, providing easy access to supervision and supports in the workplace, and providing frequent guidance and feedback about job performance.

All aspects of an employment relationship including recruitment, hiring, job assignments, pay, lay-off, firing, training, promotions, benefits, and leave.


I have been a loyal employee for many years and have gone above and beyond what I have ever been asked to do. I am asking for a reduced work schedule. Anywhere between 25-32 hours per week. I need this accommodation due to appointments with my therapist and psychiatrist because it is imperative for my recovery.

Please get back to me regarding this matter so I can advise my therapist and psychiatrist of your position on this matter and make any arrangements if necessary. Thank you.


Well, what do you think? Does it sound OK. I already sent it like 5 minutes ago. I am very upset by this. Can they really do this to me? I know I said I was going to quit but after taking to a few people I was told that I have rights and I should excercise them.