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Old Nov 20, 2012, 03:43 AM
MariaJuana92 MariaJuana92 is offline
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just curious

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Old Nov 21, 2012, 04:39 PM
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ShaggyChic_1201 ShaggyChic_1201 is offline
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Probably not, but it depends. If you work for a company that has more than 50 people, you are entitled to FMLA coverage, which means you can be out for 3 or 4 months (I forget which) without any repercussions from your boss (i.e. - they cannot fire you). If you're in a smaller company, you may need to use sick time and vacation time to have enough time away, or take some of the time unpaid. Having said all this, if you need to be inpatient, you need to be inpatient and it doesn't really matter what happens to the job. Your life is worth more than any stupid employer.

I hope you get the help you need - either inpatient or out.
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  #3  
Old Nov 22, 2012, 12:27 AM
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stmml stmml is offline
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Technically, that would be discrimination, which I don't think is legal. If they did fire you, you could sue.
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Old Nov 22, 2012, 05:48 PM
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amandalouise amandalouise is offline
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Quote:
Originally Posted by MariaJuana92 View Post
just curious
yes they can fire you. but it will be based on your not showing up for work and not doing your job.

that is if you are located in the USA. America has what they call american disabilities act. what that means is employers can not take into consideration a persons mental or physical health.

the short version is employers cant ask if you have a mental illness and when evaluating you'r work they cant use your being absent from work based on mental illness.

all they can do is the same as they do for normal people ..offer sick leave, vacation time that can be used for what ever purposes the employees need time off for. then should something come up unexpected the employers can either offer unpaid leave of absence or fire the employee for not showing up to work.

because of the laws we have in america employers cant even ask an employee if the reason they are not coming in to work is because of a mental illness or in a mental hospital.

doesnt sound fair I know but the handicapped cant have it both ways....have the same rights and standards in the work place as normal people and then not get fired because they are not at work to do their job.

I have noticed though that many work places will "work something out" if the employee knows ahead of time they will be hospitalized and take the time to talk with their supervisors and bosses so that a sub can come in to do the absent employees job so that all the other employees and job areas are not adversely affected by one person just one day for how ever many number of days not show up to do their job.

maybe you can explain to your boss that you need some personal time off, how long you will need, and "work something out"
  #5  
Old Nov 23, 2012, 12:03 AM
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Lauru Lauru is offline
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Yes. This happened to me in June. I did not qualify for FMLA because I wasn't employed for at least 1 year. If I had been, I would have been able to take up to 3 months off. However, I was not fired for being inpatient. they didn't know I was there. They also didn't know I had a mental illness. They said they couldn't hold my job open for me for more than 2 weeks because there was no one else to do my work and pick up the slack. I did have a doctor's note the whole time but it didn't matter. I didn't qualify for FMLA. So legally, that was not discrimination.
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if i went inpatient, could my employer fire me?

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  #6  
Old Nov 23, 2012, 12:16 AM
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ECHOES ECHOES is offline
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There are many considerations, including where you are and what you do.
I would say that if you are in the U.S., you can't be fired for being hospitalized, per se, especially if you apply for FMLA job protection.
However, many states allow 'free will' employers, who can eliminate your employment at any time for any reason, although they usually state 'business needs' or something similar.
  #7  
Old Nov 23, 2012, 01:37 AM
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Yes, and they might look for a way, or even make a way, for an excuse to let you go if they discover you have a mental or physical illness and have to take a lot of time off. (Or, they may fire you just because you have a mental illness, but they'll say it's because of poor job performance, or something like that.) They might lower your position or move you lower and lower in the company, try to make your life hell so you will quit, and/or keep/create documentation of your poor work skills and performance. Then it's your word against theirs.
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  #8  
Old Nov 23, 2012, 01:37 PM
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When I was manic I took a short term medical leave. Because of hippa laws my employer was not privy to what medical problem I had. Anyway, I made up something bogus. IMO it is never a good policy to tell any coworkers or boss' I have a mental illness or am taking psych meds. That was just my policy.

Peace,

TnT
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  #9  
Old Nov 23, 2012, 06:03 PM
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dillpickle1983 dillpickle1983 is offline
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I got fired once for missing 10 days of work because of a hospitalization. I even plead my case in front of the district manager and he said rules are rules. I was allowed the first 5 days not the first 10. I did however win my unemployment claim. They seemed to believe, but my employer didnt. It turned out better for me because I didn't really like working there to begin with. Now I'm on disability and looking for part time work, not sure how about the interview lol...
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Last edited by dillpickle1983; Nov 23, 2012 at 06:04 PM. Reason: added some punctuation
  #10  
Old Nov 24, 2012, 12:46 AM
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Maven Maven is offline
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Glad you won your case, chandler (and fellow Garfield lover!). It's not always easy. It would be great if we could end the stigma of mental illness (or whatever you call it--I'm reading a book whose anxiety-sufferer author does not feel anxiety and some other "illnesses" are really mental illnesses), but you have to "come out" to stand up to it, and I used to be all-in for standing up to people who want to hold you down (and I still am, but there are some exceptions now, most especially mental illness/problems), but I don't want to struggle with people's judgments.
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