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Not sure if this is the right spot....

 

Has anyone had any experience with applying for ADA? I hate to use this method, but my HR department has recommended this for a couple of reasons.

1. I have not been at my job long enough for FMLA, otherwise this would solve the whole issue I am having with my boss.

2. My boss will not let me take time off for doctors appointments, or should I say it's very restrictive. No Monday or Friday appointments, no labwork during business hours,
no doctor appts for the next sixty days, no vacation time off approved, etc. I work M-F 8am to 5pm. I schedule what I can outside of office hours, but
lets face it doctors are generally open M-F 8-5, usually. I have several doctors notes that HR does not want to see, or need to see, but recommend ADA for
possibly pushing the issue of flexibilty with allowing for my doctors appointments.

 

I am salaried, I have offered to come in early, to work through lunch, etc. He says no.
I do work on an on-call rotation for a full week and weekend every couple weeks and that isn't even taken into account as how much I work. It doesn't have to be
I realize, but it would be nice.

I hate to resort it needing to file ADA, but I am at a loss. I need to get iron infusions every couple months, see my endo for my Hashi's and my regular doc for the celiac/colitis.

I should mention too, no probation for me. I have been here for five months and no write ups or anything.

Any other ideas?

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It is my understanding that you simply file for intermittent leave when you aren't eligible for FMLA. You do this through your employer and everything is up to them. If you feel you have been discriminated against, you file through the EEOC. Filing for intermittent leave through your employer is really no different (in principle) than filing for FMLA other than the fact that it is for people who aren't eligible for one reason or another.

 

I don't see how you can be expected to do your job if you become incredibly ill from not getting proper medical care or your IV infusions. It is really in their best interest to simply grant the leave. As long as you are giving adequate notice of appointments and are offering to make up the work hours I don't see how it puts any undue burden on them so they have no reason to deny it.

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Thanks and I agree with you. My concern is that I haven't been here for a year yet, so I can't apply for FMLA yet. Wouldn't intermittent leave also be consider FMLA (meaning you have to be at your job for a year) or is that its own entity?

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Just an idea, but my health insurance plan does cover appointments with emergency medical practices. The ones in my area are pretty much the same as going to any other regular doctor's appointment, but they have broader hours and will even see you without an appointment. Perhaps they could cover some of your needs for having tests run? I know it would be odd to ask a second doctor to help out when you can't get to your primary, but could that type of thing be a stop-gap measure until you hit your one-year anniversary at this job?

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Intermittent leave is what you apply for and is what the ADA states an employer must provide if there is no undue hardship. (or some such wording) In one way, it is similar to FMLA because it is leave granted and legally protected. On the other hand, it is different because not all of the same regulations and rules apply. There are no hard and fast rules on how much or leave or how often it can be taken, how many days in a row, how much notice must be given, if the time needs to be made up, etc. It is case by case based on the needs of the employer and employee. Unless you are in a workplace where occasional time off work for appointments with a week or two of notice for each one would put (I know, broken record here) undue hardship on your employer, they need to get over whatever their problem is.

 

I wouldn't recommend using an urgent care center for routine medical care. The copays are ridiculous and for some types of insurance they will only cover going if it is what they deem an emergency that is serious enough to need medical care but not serious enough to require an ER. Around here, they also simply don't do routine medical care. If it isn't an "emergency" they'll tell you to please schedule an appointment with your doctor. Even so, using an urgent care center for lab work wouldn't take care of all of the medical needs for the next 7 months until FMLA becomes available. The employer needs to (in plain English) get their head out of their ass and realize that they have an employee who is protected under the ADA and buck up before they get sued.

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Adalaide, thank you! And I couldn't agree more. Not really sure what his "issue" is. But he is being awefully restrictive when I think he doesn't need to be. The funny part about this is this is a state job and most bosses are generally alot more relaxed. He on the other hand is a bit more black and white. No bending. So I will talk to him once more and if needed go for the ada/intermittent leave stuff. I really love my job and the pay is fantastic, plus we get alot of time off since it's a state job, but I haven't been here long (and I have told him about my medical needs/issues) he seems understanding but I think he's been here so long he has the mentality that people need to put their time in before they can take time off. Which is ridiculous lol.

 

And thank you too Always Learning ;)

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Adalaide, thank you! And I couldn't agree more. Not really sure what his "issue" is. But he is being awefully restrictive when I think he doesn't need to be. The funny part about this is this is a state job and most bosses are generally alot more relaxed. He on the other hand is a bit more black and white. No bending. So I will talk to him once more and if needed go for the ada/intermittent leave stuff. I really love my job and the pay is fantastic, plus we get alot of time off since it's a state job, but I haven't been here long (and I have told him about my medical needs/issues) he seems understanding but I think he's been here so long he has the mentality that people need to put their time in before they can take time off. Which is ridiculous lol.

 

And thank you too Always Learning ;)

the boss has a boss.....

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the boss has a boss.....

 True. He told me he talked to her about this. So he gave me the impression this was acceptable to her. So I went to HR for advice and this is where I left off.

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Besides the iron transfusions, how often do you go to the Dr?  We see endo twice a year and GI once a year.  I think your boss is being a jerk but it sounds (and maybe I'm reading it wrong) that you are expecting a lot of time off. Can you get some of these appointments consolidated into one day if you plan in advance?  Perhaps on an infusion day? 

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Adalaide, thank you! And I couldn't agree more. Not really sure what his "issue" is. But he is being awefully restrictive when I think he doesn't need to be. The funny part about this is this is a state job and most bosses are generally alot more relaxed. He on the other hand is a bit more black and white. No bending. So I will talk to him once more and if needed go for the ada/intermittent leave stuff. I really love my job and the pay is fantastic, plus we get alot of time off since it's a state job, but I haven't been here long (and I have told him about my medical needs/issues) he seems understanding but I think he's been here so long he has the mentality that people need to put their time in before they can take time off. Which is ridiculous lol.

 

And thank you too Always Learning ;)

Since you have a lot of time off because, after all, you work a state job, then why not make appointments on your days off, if you have them during the hours that appointments are usually made?  Also why do you think the notion of putting your time into a job before you start requesting a lot of time off is ridiculous?  I have been at my job a VERY long time and it might be because I do not take a lot of time off.  That is not old school thinking, it's common sense.

 

I now take every other Friday off, without pay.  After working for 36 years, I can now have a little more free time for myself.  I schedule all my appointments, when able to do so, on that day off so I won't be taking unreasonable amounts of time off of work.  If you like your job well enough that you want to stay there, asking for time off on a regular basis regardless of the reason, won't keep you in the job.  You may not like that answer but it's the way things are. I know we all have a chronic disease but you may have to re-think employment hours if you need to take that much time off of work that your boss is pushing back.

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Since you have a lot of time off because, after all, you work a state job, then why not make appointments on your days off, if you have them during the hours that appointments are usually made?  Also why do you think the notion of putting your time into a job before you start requesting a lot of time off is ridiculous?  I have been at my job a VERY long time and it might be because I do not take a lot of time off.  That is not old school thinking, it's common sense.

 

I now take every other Friday off, without pay.  After working for 36 years, I can now have a little more free time for myself.  I schedule all my appointments, when able to do so, on that day off so I won't be taking unreasonable amounts of time off of work.  If you like your job well enough that you want to stay there, asking for time off on a regular basis regardless of the reason, won't keep you in the job.  You may not like that answer but it's the way things are. I know we all have a chronic disease but you may have to re-think employment hours if you need to take that much time off of work that your boss is pushing back.

I hear what you are saying. But if the time off came to an employee based on length of time working at a job, then the idea of people putting in their time before using their time off makes sense. But this place gives you time off right from the get go. So why do I need to wait to use it? Because I haven't been here long enough would be a ridiculous thought, especially since they have given me the hours right off the bat. Just my opinion.

 

I would go on my days off but they are sat/sun. Plus he is refusing to give me any weekdays off right now, even though I have the time to use. So otherwise I would make appts during those times. And I have before. I don't believe I have taken that much time off and I have spoken to HR and they have agreed that I have done nothing wrong for my boss to refuse me and that his behavior is not the norm at this place. So honestly I am trying to figure out a solution that works for all of us. I have offered to come in early and to work through lunches on days I have appts, but he says no. So he isn't bending either.

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Besides the iron transfusions, how often do you go to the Dr?  We see endo twice a year and GI once a year.  I think your boss is being a jerk but it sounds (and maybe I'm reading it wrong) that you are expecting a lot of time off. Can you get some of these appointments consolidated into one day if you plan in advance?  Perhaps on an infusion day? 

Great idea but the infusions are four hours, plus seeing the doc beforehand too so a six hour event and then the week prior is in office labs, which I tried to move to the local quest, but they won't allow that, so not sure on that, lol. I am trying to figure out how to do this the best, I had a few more appts last 2 months than normal because of my allergies and asthma, MRI and such. It has calmed down now, but I do need to get an infusion+blood+doc in Oct and see my labs+Endo in Nov. I pushed back my ENT from this month to possible late Nov, if he will let me.

 

Anyways, I am leave this topic alone now. HR kinda took off with it and I didn’t mean for it to be chaos, I just wanted to be able to get to these appts without issue.

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I hear what you are saying. But if the time off came to an employee based on length of time working at a job, then the idea of people putting in their time before using their time off makes sense. But this place gives you time off right from the get go. So why do I need to wait to use it? Because I haven't been here long enough would be a ridiculous thought, especially since they have given me the hours right off the bat. Just my opinion.

 

I would go on my days off but they are sat/sun. Plus he is refusing to give me any weekdays off right now, even though I have the time to use. So otherwise I would make appts during those times. And I have before. I don't believe I have taken that much time off and I have spoken to HR and they have agreed that I have done nothing wrong for my boss to refuse me and that his behavior is not the norm at this place. So honestly I am trying to figure out a solution that works for all of us. I have offered to come in early and to work through lunches on days I have appts, but he says no. So he isn't bending either.

OK...so now we have more information.  If HR is backing you up on these appointments, then it is up to them to clarify that with your boss.  If he is going against established policy, then it's his problem, not yours.  I also understand the deal with time off.  We get time off right away also (newer policy than in the days of old) BUT I am always conscientious about time that I do take off.  It's hard today because you do not want to come across as the "sick" employee because you don't need the added stress of worrying about your job.  I had dental implants and, luckily, they had Saturday hours.  Not my optimium way to spend a week-end but I did the surgery without time off.  I know infusion clinics usually do not have Saturday hours and that is stupid when you are in the service business...which is what medicine is.  I actually had to have a talk with my doctor telling her that I was not going to be running here and there for "check-up" appointments just because I have Celiac.  I have a job I do not want to lose because it's an awesome job and I feel well so nix all these appointments, unless I can do them on days off.  The fact that you offered to make up the time is another issue he should not have said no to.  Sounds like a grumpy pants....... ;)

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OK...so now we have more information.  If HR is backing you up on these appointments, then it is up to them to clarify that with your boss.  If he is going against established policy, then it's his problem, not yours.  I also understand the deal with time off.  We get time off right away also (newer policy than in the days of old) BUT I am always conscientious about time that I do take off.  It's hard today because you do not want to come across as the "sick" employee because you don't need the added stress of worrying about your job.  I had dental implants and, luckily, they had Saturday hours.  Not my optimium way to spend a week-end but I did the surgery without time off.  I know infusion clinics usually do not have Saturday hours and that is stupid when you are in the service business...which is what medicine is.  I actually had to have a talk with my doctor telling her that I was not going to be running here and there for "check-up" appointments just because I have Celiac.  I have a job I do not want to lose because it's an awesome job and I feel well so nix all these appointments, unless I can do them on days off.  The fact that you offered to make up the time is another issue he should not have said no to.  Sounds like a grumpy pants....... ;)

Thanks Gemini, my apologies, I thought I mentioned the HR backing previously. Yeah, I think he is a grumpy pants. LOL. Honestly. I wish I could do all my appointments on Saturdays. Would be so handy. But yet, doctors m-f 8-5(mainly) and work hours m-f 8-5, who came up with that idea? LOL. I am sure it will work out. I just hate to have to resort to needing to go to HR and them to go to him and etc etc etc. ADA blah blah.

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I work local government and they took FMLA paperwork from my blood doc no problem for the iron infusions n continuining doc appts as well as any reason she may pull me from work again (no light duty at my job and she pulled me for the anemia until it was "under control") If your doc knows a rough time period of how frequently (mine was possible every 3 mo) she can add that to the paperwork and you're covered as long as HR approves it but your immediate supervisor has nothing to do with that. The FMLA paperwork can always be revised later also. Hope it helps, guess I'm lucky I have a pretty easy going boss and HR just put it thru so thanx for reminding me to be grateful because any other job I'm fairly sure I would have lost by now. They never suggested ADA though, only FMLA... Maybe it's different regulations I dunno... Let us know how it works out and good luck with it all

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