My employer is giving me a hard time about doctor's appointments

Discussion in 'Fibromyalgia Main Forum' started by StephieBee, Sep 5, 2006.

  1. StephieBee

    StephieBee New Member

    I work a full time job. 8-5 Monday-Friday.

    As everyone does, I also need to go to the doctors.

    I try to make my appointments either early in the morning and come in late or late in the afternoon and leave a little early.

    Well my doctor wants to see me this week due to my increasing pain, so I requested to leave at 3:45 on Friday. Well I get an e-mail back saying that I should try to schedule my doctor's appointments around work hours, because my appointments are placing a hardship on the company!!! Unbelieveable!

    How the he-double hockey sticks do I do that!!!! Dont these people realize that 99% of doctors offices operate somewhere between the hours of 8 and 5??? I just dont understand!

    I am at my wits end with this place. They dont understand and they dont care to understand.

    Sorry for the vent...Im just so frustrated right now.
    [This Message was Edited on 09/05/2006]
  2. StephieBee

    StephieBee New Member

    If the company offers FMLA ( I know they do for me to take a leave ) I was wondering if they would automatically offer intermittent FMLA??

    Does anyone know?
  3. azbubba

    azbubba New Member

    There are two federal regulations that exist to help you.

    The first one is FMLA. This act, enforced by the Department of Labor, states that (among other things) your employer must allow you leave when you are unable to work because of your serious health condition. The qualifiers for this one: if your employer has 50 or more employees, you have worked 1250 hours in the preceding rolling 12 month period, and you have a serious health condition.

    You may also be covered by the ADA, which states that an employer that has 15 or more employees must make a "reasonable accomodation" to qualified individuals with a disability. According to the Department of Justice, this means anyone that can do a job with or without reasonable accomodations. Since you're already doing the job, I would believe you are qualified.

    If your manager or human resources department knows anything, and you mention that they could be in violation of one or both of the acts listed above, hopefully they will smarten up and realize you're doing the best they can.

    Hope this helps...
    Bubba
  4. kirschbaum26

    kirschbaum26 New Member

    Hi:

    Just wanted to tell you that I work for the 2nd largest Aerospace company in the US, and they have 7 different "divisions". Some of the divisions allow for intermittent leave and some do not. The intermittent leave is apparently NOT in the FMLA act. I was very surprised to find this out...especially since I had been working on the same program at this company for 7 years, but the program itself had changed divisions 4 different times, and of course ended up in one of the divisions that did not allow intermittent leave.

    Just thought I would let you know.

    Ingrid
  5. lenasvn

    lenasvn New Member

    Here is www page about employer laws. can be helpful down the road!

    http://www.managementhelp.org/legal/emp_law/emp_law.htm
  6. StephieBee

    StephieBee New Member

    I come to work more days that some here. And I have a serious health condition...they dont.

    I have sat and talked with HR and my manager about my condition. They know everything about it! For a period of time I was looking into taking a leave. Well I decided not to because I found a great doc that is helping me tremendously. I told HR I could work out a fair doctors appointment schedule, then I would not go on leave. And I asked if that would be fine with her...and she said "Yes, absolutely."

    Well all of a sudden HR and management isnt being understanding!? Im ready to scream!

    Bubba, I do fit all the requirements for both things you mentioned. If I lose my job over this, they will pay! Thank you so much for your help.

    Stephanie
  7. StephieBee

    StephieBee New Member

    Do I need to fill out forms for anything that has to do with the ADA as you do with FMLA?
  8. azbubba

    azbubba New Member

    Ingrid, I don't believe an employer has a choice in the matter. Here are some links:

    <a href="http://www.dol.gov/elaws/esa/fmla/er3.asp">Intermittent Leave</a>
    <a href="http://www.dol.gov/elaws/esa/fmla/er.asp">Employee Responsibilities</a>

    From the DOJ ELaws page talking about <a href="http://www.dol.gov/elaws/esa/fmla/shc.asp">definition of Serious Health Condition</a>:

    Any absences to receive multiple treatments (including any period of recovery that follows) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

    Bubba
    [This Message was Edited on 09/05/2006]
  9. suzetal

    suzetal New Member

    Your doctor signs the forms and CO. does .Thats it .If you have the hours and CO. has enough employees they can not say no.........

    Stephiebee Fight for your rights.Do not let them get to you.And if they refuse get it in writing.Copy all emails from them save everything.That way you have proof.

    Hugs>>>>>For Every Day A New Dawn Will Come>>>>>Sue