Employment Law?

So just this year I had to file for disability and am no on SSD, however, I am still trying to work. My Dr. doesn't want me to work at all but I want to maintain my employment because disability is NOT what I wanted or where I want to stay. I figure even if I am only working a couple days a week it is going to be easier to stay employed than to try and go back to work after an extended period of time off.

I am currently on medical leave after a melt down. My Dr. will only release me to work 16hrs a week. My employer, a huge national company, says they filed ADA paperwork and I was denied the request for 16hrs.

I wonder if my employer just wants rid of me- I mean why would they deny me to work 16 hrs when most of their employees are working 24-32hrs anyway. And there are grandfathered employees at 16hrs.

I really want to keep my job and wonder if anyone knows what govt agency I should contact for help in keeping my job.The only accomadation I need is 16hrs.

Have you worked for your employer for a minimum of 12 months and put in a minimum of 1280 hours during the last year? If so you can qualify for Family Medical Leave which is a Federal law allowing people to take care of their self or immediate family member due to an illness.

To qualify for disability benefits through your employer you need to prove your actually disabled. Filing for disability is a monetary replacement where FMLA is a job protection program. Many people get the two of them confused, but they are two separate entities and many people qualify for one and not the other.

I work in the business and while disability contracts vary depending on the employer, the basic FMLA laws apply to all (except in some states where the state laws add time to the 12 weeks the federal law gives us).

It's hard for me to give you specific answers on FMLA without more information on your condition- i.e., is there ongoing treatment, are you on medications, is it a chronic condition, and the length of your disability, but could help you out to determine if you qualify.

As far as reporting it, you should question your HR department on the FMLA reporting process. If you are late in reporting the beginning of your absence won't be covered. If your employer won't help you, talk to your state.

There is no governing agency that states your employer has to accommodate your request to work reduced hours. Many companies say if you can't do it all, you can't to it. It is usually a general HR policy specific to your company, possibly even the actual position you do. I have seen many people denied working with restrictions, even their full job at reduced hours, but take the person back when they are released to full duty work.

I don't qualify for FMLA because I have not worked enough hours. I have been there for two years but have been off a lot and hospitalized three times. They are allowing me to take personal leaves with medical documentation.

I see a dr once a month, a therapist twice a month and am on respirdel and latidua.

I just don't want to lose my job and was hoping there was some obscure rules that would allow me to work 16hrs. I feel like if I quit working all together I will be a shut in.

Unfortunately, if a company doesn't want to give "reasonable accommodations", they don't have to. I'm not sure how they get around the ADA on this one, but it happens all the time and the ADA may or may not protect you.

I don't blame you for wanting to hang in there and work just a few hours per week rather than go on SSDI. Work is usually better for us than sitting at home on assistance, unless we really CAN'T handle working (and some truly cannot). I've had to go to part-time myself, as I can't hold it together anymore working a 40-hour week.
I lost my nursing management position earlier this year due to a bipolar meltdown---I went out on FMLA for almost a month, and when I came back they wouldn't accommodate me, so it was bye-bye, Birdie.

Believe me, if your employer's going to be a butt about your wanting to go part-time, you don't want to work for them. Your best bet would be to look for another job NOW while you still have one---it's much harder to find a job once one is unemployed.

Best of luck to you. I'm sorry you're going through this situation.

I know my mom recently did a version of FMLA that she could call in the morning and say she could work that night if they needed her. I don't know how that worked but maybe find out about that type.

This may not be the popular point of view, but if you sic the government or a bunch of lawyers on your company, they may not be able to fire you, but they sure can make your life hell while you're there. There are all sorts of ways to make someone want to quit without breaking the law. You'll end up on the bottom of the heap with respect to any new perks. Meanwhile, your name is at the top of their downsizing list. They can give you every ****** job they have. All things being equal, it may be better to part ways with them on good terms and find a job that will let you work fewer hours.

Yeah, I totally get that. I am just so desperate to keep my job. I am in no condition to even fill out applications-let alone go through the interview process to find a new job. I feel like my only hope of staying employed is to keep this job. I wasn't referring to lawyers- I was just hoping there was some type of law or disability group that might be able to support me in my request for less hours. Mainly because my employer themselves said they had requested ADA allowance for my request- so I thought maybe the ADA or a group like them would support me.

The truth is I spent the day with family who all feel I need to let the job go and focus on getting better. It's just my pride I guess- I would feel better if I had a job- if I was contributing something. Losing my job makes me feel like more of a failure and a screw up.

I think working helps. Or volunteering like 10 hrs a week.

I understand where you are coming from because I become worse when Im unemployed and not a student. My thoughts become my worst enemy to my wellbeing.

You could try vocational rehabilitation. However, employers can deny "reasonable accomadations" if it would cause them a hardship to do so.

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Volunteering is a good distraction.

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It is pretty easy for an employer to refuse to provide part time work for an employee. I don't get why they do it. They usually have some dumb excuse like, "If we make an exception for one person..."

I personally believe it is healthier to stay working, even if you have to find an easier job with less pay and fewer demands, if there is anyway you can manage. Is there someone in your life that could assist you with applications? If nothing else, the volunteering is a good idea.

If you do go the SSDI route, mental health claims usually get denied the first time around. Apply again and don't get a lawyer, if you need help get assistance from a counselor you already work with or a social service agency. Lawyers aren't necessary and will only take your money.