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        Cluster Headache Help and Support >> Cluster Headache Specific >> Employee rights
        
(Message started by: WIwicked on Jun 7^th, 2007, 4:39pm)

Title: Employee rights
Post by WIwicked on Jun 7^th, 2007, 4:39pm

Hello,

I signed up as a member just today, after suffering from clusters for 2 1/2 years. My headaches have been so bad that I wasn't even able to finish graduate school. I came so close, and have the loans to prove it, but these fucking headaches floored me for a year straight. I am now medicated, and am doing better but still suffer.

I have a boss that has, first, no respect for anyone except herself, and second, thinks I am making up my headaches to miss work. I am in the museum field, very busy, and have missed 4 days of work this year due to doctors appts. or headaches. She pressures me so much that I suffer in agony at the museum, hoping and praying that the headache will be a short one (1/2 hour) so I can get back to work, and then I have to just wait for the next round to hit. She will not accept my condition as real. Or I should say she accepts that it exists, but not concerning me.

I have been diagnosed with this condition, I have a stack of medical bills 6 inches high, and I would like to know if there is any sort of protection concerning my condition. I am a great worker, but as you all know, sometimes there is just nothing we can do.

Please help me with this!!!!

Title: Re: Employee rights
Post by Linda_Howell on Jun 7^th, 2007, 4:55pm

Wicked,

Print this out and take to that...um...er...great employer of yours. ::)

It also might not hurt if you also took your Doctors diagnosis with you too when you confront her.

I have never been in the work force as you have, (I am self-employed) but I would say 4 days off in 6 months isn't unusual even for people who have the flu or some other ailment. Maybe someone here can verify that.

Hang in there please. You're doing great. :-*

Linda

Title: Re: Employee rights
Post by BlueMeanie on Jun 7^th, 2007, 5:34pm

Hello Wicked,

I hate to keep pushing Imitrex around here, but people keep talking about thousands of $ in medical bills and never mention the stuff. Have you ever tried it ? Have you tried 02 ? It looks like you should sit down and do a bunch of reading around here. There are many meds used for CH's. If you find something that works for you, most people can live and work right through Clusters without missing work (or at least very little), if you can just find a good CH preventive and abortive.

Four days off in 6 months ? That's insane that your boss thinks its' too much. We've got people around here that have missed over 15 or so days in six months and they don't even have CH's. ::)

Title: Re: Employee rights
Post by Brewcrew on Jun 7^th, 2007, 5:54pm

Here's another approach. Print the letter to employers and colleagues, found at the link below, ask her to read it, and then try reasoning with her as a rational human being. This letter will soften her up a little (if anything will):

http://www.ouch-us.org/chgeneral/colleagueletter.htm

Title: Re: Employee rights
Post by Lotus on Jun 7^th, 2007, 6:05pm

Hello WIwicked

If you have a legitimate medical certificate every time you are unable to work due to illness or medical appointment to give to your employer then legally she cant do anything to you, no matter how much she complains.

Otherwise, to make things easier, you can ask your doctor(s) GP or specialist to write a letter/certificate confirming your condition to your employer.

Keeping in mind though, there are unreasonable people out there who will choose not to believe you no matter what you do or what you show them. In that case, as long as you cover yourself legally with appropriate documentation, you can ignore these ignorant people and carry on with your work and your life.

Good luck and painfree wishes to you

Annette

Title: Re: Employee rights
Post by Linda_Howell on Jun 7^th, 2007, 6:53pm

Thank you Bill.

I had said print this out, and then forgot to insert the link. May I use the excuse of having a blonde moment? ::)

http://www.ouch-us.org/chgeneral/colleagueletter.htm

Title: Re: Employee rights
Post by Gator on Jun 8^th, 2007, 12:31am

Some of your rights are going to depend on if your employer has documented policies and procedures on how it handles sick time, hiring and firing, lunches/breaks, job descriptions, etc. If they have documented policies and procedures, they have to follow them. If not and you are in an "At Will" state like I am, then you are pretty much there until they show you the door.

Also, the Americans with Disabilities Act does not necessarily cover clusterheads because of the nature of the disorder. It all depends on how "Reasonable Accommodation" is defined in your situation. How much time away from your work, how many times per day/week/whatever is reasonable? There is one case that I know of where being away from work too much due to CH was grounds for dismissal. It doesn't sound like your situation comes anywhere near the case I'm talking about, though.

Here is a link to it:

http://law.emory.edu/caselaw/11ca/mar2003/02-12971.opn.html

Basically, the guy was fired because of CH and took his employer to court. He won his case initially, but the decision was overturned on appeal.

Title: Re: Employee rights
Post by Bob_Johnson on Jun 8^th, 2007, 9:47am

This is a link to the Federal ADA site.

http://www.usdoj.gov/crt/ada/adahom1.htm

Title: Re: Employee rights
Post by chewy on Jun 8^th, 2007, 10:35pm

Quote:

If you have a legitimate medical certificate every time you are unable to work due to illness or medical appointment to give to your employer then legally she cant do anything to you, no matter how much she complains.

Be nice if it were that simple. A lot of people in a lot of states wish that were but its not.

Check your State Labor Laws.

Title: Re: Employee rights
Post by Gator on Jun 11^th, 2007, 9:44pm

Chewy's right, just because you are truly sick and even with a doctor's certification that you cannot work, an employer may still be able to terminate an employee for excessive absences, even if those absences are due to illness.

On the other hand, an employer cannot refuse FMLA as long as certain conditions and prerequisites have been met.

Here is a link to the US Department of Labor's FMLA web page:

http://www.dol.gov/esa/whd/fmla/

Here is a link to a FMLA FAQ

http://www.dol.gov/elaws/esa/fmla/faq.asp

from the FAQ:

Quote:

Q: Can my employer refuse to grant me FMLA leave?

If you are an "eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.

Q: Will I lose my job if I take FMLA leave?

Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies. Under limited circumstances, an employer may deny reinstatement to work - but not the use of FMLA leave - to certain highly-paid, salaried ("key") employees.

Now, with all that being said - in the REAL world, while an employer cannot deny you FMLA and cannot fire you for using FMLA, there is nothing keeping them from tightening down on their various policies and work requirements and documenting you out of a job for failing to meet those requirements as long as they can prove they are applying the standards equally to all employees.