[jmo531]

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.

[nothemama8]

Jen get a form from the ADA and have it ready if they complain, it sounds very reasonable to me.
{{{{{{{{Jen}}}}}}}}}
Angie

[jmo531]

Thank you Angie. This is one more added thing I didnt need.

(((((((ANGIE)))))))

Hope your doing well sweety.

[SeptemberMorn]

I sure wouldn't want to be in your place, but you've sure let your boss know that you know your rights! Don't see how he can get around that.

Other than that, I don't know what else to say because I don't know your relationship with him, what kind of a guy he is, etc.

You've done the right thing, though!

[jmo531]

It a large Radiology facility. We have 16 center locations and we provide all radiological services for three major hospitals in the Northern VA area. They employ roughly 400-475 employees. I work in the business office doing the medical billing. I have been doing this for approx. 10 years. Thanks for your reply.

[Parker10]

Excellent letter Jen ! Like said above, your employer now knows your exact issues with the depression, anxiety etc, and also knows that you have learned your rights. I also suggest that you get letters from your T and PDoc stating your situation concerning your diagnoses, and send or give those to either your boss, or Human Resources so it will be in your file at work. (ASK for verification the letters have been placed there). Sure sounds like the info from ADA should help you keep this job, and it should confirm to your employer that they must accommodate you. GOOD LUCK !

[sorrel]

I don't know US laws, but it sounds right, what you have written, and totally wrong what you were told!
yes, assert your rights!!!!
We are right alongside and behind you!

Plus, you work for the health service, right? they should +=@£$%^ know, yeah?
make 'em listen!

sorrel

[h0kie]

Jen...you've written a very good letter. I would agree with Angie's advice as well as offering this. Keep a copy of EVERYTHING. What they send you, what you send them, etc. It is only to protect yourself. An email I saved my sophomore year of college ended up helping me my senior year.

We're with you. Take care of yourself.

[vacantangel]

Jen

I'm sorry that they ar being such #$&*)#$& about this. Maybe they were assuming that you didn't know your rights and were using scare tactics against you, don't know but it sucks and is down-right mean of them.

You have done exactly the right thing. I know you must be really upset and anxious about this. Have you heard back from them yet? I think Parker gave you excellent advice. Get letters from both your t and pdoc and get it in writing that they have been placed in your employee file. Of course, make sure that you send a copy to your boss and a separate one to Human Resources for your file.

Keep us posted as to what's happening. You're right, you certainly didn't need this and it only magnifies your already current anxiety.

My heart goes out to you sweetie. You know that I am always here for you. This just angers me to no end. After 10 years, you deserve much better than this. Luv ya bunches!!!

((((((((((((((((( Jen ))))))))))))))

[vacantangel]

Oh sorry, I missed that advice from above, definitely keep a copy of everything. I have a file from my medical leave and I have copies of EVERYTHING including forms filled out by my t and pdoc to insurance companies etc. Anything that is about my disability, I have a copy of in my folder.

[cms39]

You are doing the correct thing by telling your employer of your needs. I had a job about 10 years ago in which I specifically told them I had too much anxiety about answering phones (which was not what I was initially hired to do) but they kept making me do it. One day, I couldn't cope and asked a doctor to answer it for me. They fired me. Then they told me I agreed to take on reception duties on occasion at my interview. (to cover themselves). Jerks.

[goofygirl]

Very good! Don't let them walk on you! Hang in there! And keep EVERYTHING! Trust me, it'll help!

Hugs!

[jmo531]

((((((((((((((((((((((Everyone))))))))))))))))))))))))))

It means so much to know that you guys are behind me. I dont feel so alone. Thank you all for that.

[complic8d]

Jen- Way to go! You have every right, and now the proof, to have your work responsibilities changed to help you. I had wondered about the ADA covering me, but I guess I kind of wimped out, tomorrow is my last day of work. Good luck to you! HUGS!

[jmo531]

(((((((((((((((((((((COMP))))))))))))))))))))