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Ada

Susan-in-NC

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Susan-in-NC Rookie
Susan-in-NC
Posted

I recently was assigned to a new manager. She "strongly" suggested that I contact the Co. HR dept. and report my CS as a disability. So, I did. They however were not very encouraging. "If this unduly interfers with your job discription and basic accomodations are not able to be made" type of thing. I was only Dx last June, and since going gluten-free only had one episode -- extreme D and took a day off -- only 1 day instead of being off the phone and running back and forth ( after having to run 2X's in 1 hour). My direct supervisor had no problem with that , but I felt that it would be better for the Co. if I took the day off. I must mention, other than a lot of gas, I had not had extreme reactions until going gluten free. So, since gluten-free, I have stronger reactions. And, personally I feel that in the interim, with the learning curve and all, only 1 episode isn't too bad.

What do you all know about our rights as far as working conditions go? Can I lose my job because I get glutened and have the big D and can't be on the phone all the time? I have to get my Dr. to write about what accomendation I may need. I don't think he really knows! Any suggestions? What should I have him ask for on my behalf? What exactly does the condition do overall -- my feeling is that it reacts differently in each individual. So, how do we generalize this for the HR dept?

HELP!!!!!

Susan

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loraleena Contributor
loraleena
Posted

I think we are covered under American with Disabilities act. Check the website.

Susan-in-NC Rookie
Susan-in-NC
Posted
  • Author

Yes, I have been told Celiac is covered by ADA -- please see title of original post.

The question is how does this work? Symptoms are so general, different from person to person. And, so many Drs just don't seem to fully understand how this effects each person differently. For instance, I get fatigue, brain fog and the big D if glutened. I have a heart mummer from malabsorbtion and have been taking iron 3Xs daily trying to build back up my iron stores. Since going gluten-free this has only happened once -- I've been lucky or just careful enough~

Question is, HR is making noises regarding the condition being "pre-existing". I have worked for this co since last OCT, in their temp agency. I applied for full time, and during their slow movement of handling the paperwork I rec'd the Dx.

Has anyone dealt with HR and the legal side of having Celiac Sprue? I am not looking to make trouble or cause trouble. I am very good at my job but want to know what to expect!

Right now I am waiting for a package from the HR dept. I need to have my Dr fill it out -- describing symptoms, accomodations etc. But, what should he say? Right now I've just started gluten-free life. I don't know what my symptoms or reactions will be in the future, and truthfully I don't think he does either!

Susan

tarnalberry Community Regular
tarnalberry
Posted

They're right, if reasonable accommodations can't be made, they do not have to continue providing you with a job. (I don't think a phone in the bathroom would be considered reasonable. ;) *whoosh* :D)

It's a tough call... having it on your record can help and hurt you. I'd talk to lawyer about it, frankly, who knows the full ramifications.

debmidge Rising Star
debmidge
Posted

Agreed - you need to talk to an "employment practices" attorney; just for advice.

I hope it all goes well for you.

loraleena Contributor
loraleena
Posted

Yes, but to miss a day here and there because of a glutening does not seem like a lot. You must have sick leave. I could understand not being able to make accomadations if it was for weeks and weeks.

cruelshoes Enthusiast
cruelshoes
Posted

Under the HIPAA laws, is the employer entitled to know specifically why one is ill and missing work? Just out of curiosity...

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Susan-in-NC Rookie
Susan-in-NC
Posted
  • Author

Since I work with health benefits for a very large company, I thought they would be more willing to "work" with me. I will check the HIPAA laws tomorrow and post what I research. I know with the ADA it is on a need to know basis. Also, with disability it is on a need to know basis for reaching reasonable accomodations. HR would know, and have to keep material and info confidential, Managers may be informed if needed for job and in general that is it, unless circumstance requires med attention (like eppi pen be nearby and co-worker trained in admin of meds.) But, this is a laypersons interpetation of reading the laws -- I am not an expert.

Basically, we have a schedule adherance, and if I have to "go" I need to be able to take an unscheduled break to attend to that need (if glutened). As I said earlier, I have only had one major episode when I was glutened and did take one of my 6 sick days to deal with that. The acomodation that I need is just not to hold needed bathroom breaks -- which I have already proven that I do not abuse -- to be granted. I didn't think that this reasonable request would endanger my job!

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