[Jennyanydots]

Since I've taken leave twice from work (November for mania) and now April for Depression, I'm afraid that I will be laid off for taking time off even though I'm on approved LOA/FMLA. Like they will think of an excuse to lay me off.. Before I took leave, I put in a request for reasonable accommodation by ADA for bipolar....has anybody ever been laid off for bipolar and what did you do?

[amicus_curiae]

You’re protected via FMLA and will be protected, particularly, under ADA.

Your employer cannot use your leave to deny you work. ADA already prevents that. Laying you off because you have a diagnosis of bipolar disorder? That’s just begging for a settlement before trial!

I don’t know your state — but you’re in the US and federal law trumps state law and I don’t think that any employer would be stupid enough to deny you work... assuming that your performance is within acceptable guidelines (meaning that the expectation of performance might be adjusted to compensate for your disability — a ‘reasonable’ essential job function’).

The 2008 revision of ADA (ADAAA) is more accommodating for persons with disabilities.

If you’re really worried you might want to contact your district’s EEOC directly or an “EEOC Attorney” (who usually are on par with personal injury lawyers).

You cannot be laid off because of your disability or your leave. Have you talked to your supervisor or HR folks? Most companies know enough to stay within ADA guidelines.

Don’t worry... and the best of luck.

[BipolaRNurse]

I was basically fired from my last big job for working while bipolar. I'd had to go out on medical LOA for a mixed episode that just was not resolving under the stress of my work, and when I got back three weeks later, I was told I was going to be monitored by the corporate nurse during the entirety of my workday, every day. I couldn't even do a physical assessment or talk with a resident (this was an assisted living facility where I was the nursing services director) by myself. Well, it took me about three hours to fall apart because the stress from having to work under these circumstances was more than I could handle...and two days later I was fired.

In a way, I don't blame them because it was clear from the get-go that I could no longer perform the essential duties of my job without reasonable accommodations for my mental illness. My pdoc wrote out three accommodations he thought I should have, and my employer basically said they "couldn't" honor those when they actually wouldn't. But I also feel they COULD have helped me, and they didn't because they apparently thought I was a liability, someone who couldn't be trusted, even though I'd given good service for two and a half years and the residents loved me.

I knew even then that I should have fought it, should have gone to the Equal Employment Opportunity Commission and filed a lawsuit against the employer. After all, I'd only asked for reasonable accommodations per the Americans with Disabilities Act and they'd flat out refused even to try working with me. But I was too beaten down at that point, and besides, I didn't want the job back---who wants to work for a company that will kick you when you're down?

I don't want to be a Debbie Downer, but that was my experience. I hope things go better for you than they did for me.

Before my employer "officially" knew about my bipolar disorder, I received plenty of warnings about my behavior. Then after it really got bad they threatened to fire me, after six people went to HR to complain about my behavior. It was only then that I declared that I had manic depression, a diagnosis I didn't really accept up to that time, and refused medications for.

After they threatened to fire me I wrote a letter of resignation, which my husband asked them to ignore because I was hospitalized for the first time the day after.

I didn't need a leave of absence. My employer offered private disability insurance as a benefit. It started as short-term disability then had to become long-term disability. My employer was very patient and understanding. My first absence was almost 7 months long. Then I returned on a part-time basis, still receiving some disability coverage to compensate for part-time work only. Anyway, I was in and out of the hospital and Intensive Outpatient (IOP) programs 9 additional times in four years. Some back to back. Some completing to the point of returning part-time again. Once I managed to reach full-time again and was extremely productive, achieving a very major thing for the company. Then I was hospitalized again and out for a while again. When I returned, they gave me wonderful accommodations, like working from home 3 days per week, but I still got really sick again and had to stop again. They eventually decided to terminate (not really fire) me because they needed someone for my role. I understand because my job duties we're pretty crucial.

I managed to get SSDI before my private long-term disability ended.

Note: During some of my returns to work it was clear to them that I was getting unwell again. Once I had a mixed manic "attack", if you can call it that, that probably everyone on the floor heard. They were kind about. Basically, they felt sorry for me. It was embarrassing after-the-fact.

[UpDownAround]

I am a contract employee. I am full time with my company but the terms of my employment hinge on the client providing work. the client is paying for a service and is not bound by any HR related regulations; they can cancel the contract for any reason they want and then my company would let me go because there was no work for me. So I have zero protection for ADA, jury duty or anything else. The reality is I have been working for the same client a very long time and they would probably not cancel for most reasonable reasons. But their patience would be pretty limited; they need the work done.

[seesaw]

Originally Posted by Jennyanydots

Since I've taken leave twice from work (November for mania) and now April for Depression, I'm afraid that I will be laid off for taking time off even though I'm on approved LOA/FMLA. Like they will think of an excuse to lay me off.. Before I took leave, I put in a request for reasonable accommodation by ADA for bipolar....has anybody ever been laid off for bipolar and what did you do?

Not for bipolar but for PTSD and GAD, I was laid off. I have hard evidence to prove the discrimination. I filed a claim with the EEOC in my state and it is currently under investigation. I also hired an attorney who specializes in these claims. We are coming up on a year now with the claim being investigated. That's the hard part, the waiting. It takes up to 9 months to investigate the claim.

I think you should file it though. They can't legally fire you for filing the claim, under the retaliation clause.

Seesaw

[Wander]

My employer is amazing when it comes to me taking leave for hospitalisations. And I’ve had many. Three months in total last year. It depends on the employer, and I’m in Australia. I have always been told I’m an asset to the company and my job is secure.

[Pookyl]

I’m also in Australia but in my case my pdoc spoke with HR and said I wasn’t in a position to work.

I was soo manic/border psychotic. My pdoc told me that I was in danger of losing my professional reputation and that she couldn’t in good conscience let me do that. Even though I was extremely unwell, I knew being in charge of multi-million budgets, contributing to health care policies etc was a bad idea.

My boss and HR were wonderful and I was put onto salary continuance very quickly. I will be paid a generous amount until I turn 65yrs of age or until I’m able to return to a similar position to my last job. Which I’ve been told won’t happen.

[amicus_curiae]

I don’t know a thing about Australian disability law, but the private disability scheme seems to have worked well. America’s disability insurance scheme usually pays a very low sum — not a living sum — to most beneficiaries. SSDI payments can be augmented with SSI, a statewide Medicaid payment. And the ‘food stamp’ program can give a tremendous boost to income.

It makes my heart giggle to read of those demanding nothing more than their due. The EEOC, I’ve found, employ some terrific attorneys, very caring people. Very fair/