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CHRONICALLYTIRED29
New Member


Date Joined Sep 2008
Total Posts : 5
   Posted 9/29/2008 1:38 PM (GMT -7)   
Does anyone know what your rights are as an employee, when you miss work due to pain and the problems with Fibromyalgia? I have had a couple days where I have left early or have came in late and was on vicodin to get there and my employer is acting like I am unrealiable when I have worked here for 5 years and have never had problem until this year where I have gone in spells where I have missed.
Lindsay


Jokat
Regular Member


Date Joined Feb 2008
Total Posts : 278
   Posted 9/30/2008 5:28 AM (GMT -7)   
Employers need employees that will be able to work the hours required by the job. Many jobs are not flexible enough to change to fit an employees needs. It is unfortunate that you have the pain and problems associated with our FM, however it is within the employers rights and needs to have workers that can work the hours that the position requires. Employers must still run the company efficiently despite our pains and fatigue.
 
If you are unable to continue in that position I suggest you start looking for a more flexible job with another company.
 
 
JoKat
 
Fibro is a life sentence, but not a death sentence.
Fibro since 2005
Lyrica, Cymbalta, Trazadone


AustenFan
Veteran Member


Date Joined Aug 2008
Total Posts : 1771
   Posted 9/30/2008 6:15 AM (GMT -7)   
Hi Lindsay.  I've included some web pages that deal with the ADA and fibromyalgia accomodations.  I don't know if any of this applies to you or your specific employer, but it might give you some basic information.   I hope you and your employer can work together and come up with a plan that meets both of your needs. 
 
Austen
 
 
http://www.jan.wvu.edu/media/Fibro.html
 
 
 
"There is no charm equal to tenderness of  heart." - Jane Austen
 
 
Fibromyalgia, 2 back surgeries, Meniere's Disease, 30+ kidney stones, GERD, IBS, Asthma, Allergies, Endometriosis, Heart Arrythmia, Myofascial Pain, TMJ.
 
 
 
 
 
 


Piercings
Regular Member


Date Joined Aug 2008
Total Posts : 326
   Posted 9/30/2008 1:40 PM (GMT -7)   
I'm not sure what state you are in, but I would also recommend to contact you state's bureau of labor and industry. There's usually specific state rights, also something that you may want to consider is to apply for FMLA intermittent leave. You obviously have been at your job long enough to qualify for FMLA. As long as your company is big enough (I believe the minimum employee count is 15) then they are required to comply with FMLA laws.

This is something that I have had to address as an employee advocate at my last company. If I can be of any help feel free to either message me on here, or if you're awake at night you're welcome to use the messengers attached to my name here. I work overnight shifts and am out on the west coast.

Carnissa
Regular Member


Date Joined Jun 2008
Total Posts : 289
   Posted 9/30/2008 6:01 PM (GMT -7)   
not sure where you are... I am in Ontario Canada.... and i know up here that they can't hold anything medical against you but like it was said earlier check with your state ministry of labour to find out for sure..
 
I have had to deal my employer about a doctors appointment coming up.. and its not fun and stressful.. which does not help the situation...
 
I would also suggest sitting down with your employer and just let them know whats going on.... it may be as simple as they don't understand fibro  and you can come to and understanding depending on your flare up
 
Jokat- "Employers need employees that will be able to work the hours required by the job. Many jobs are not flexible enough to change to fit an employees needs"   
 
Yes employers need employees that will be able to work but most employers are willing to work with their employees to make accomdations so they can keep working...  ie job sharing, or creating shorter shifts. or rescheduling breaks and lunches
I know one lady that takes 20minutes for lunch... then has 40 minutes for breaks through out the day, depending on how she is feeling depends on how many and how long she takes... on good days she may take 40 min lunch and 2 10 min breaks on bad days she takes 20 minutes in the morning and 20 minute lunch and 20 minutes in the afternoon....
 
 
 

Dagger
Veteran Member


Date Joined Apr 2008
Total Posts : 1522
   Posted 9/30/2008 10:14 PM (GMT -7)   
Piercings,
FMLA doesn't always apply even if you've been with a company for a long time, are considered a full time employee and it's a large company. I work for a school district and there are many classified people (non-teachers) that are considered full time employees yet don't qualify for FMLA. Most are special-ed teacher's assistants that work in elementary schools. They work 6 hours/day but because it's a 9 month position, they don't work enough hours/year (1250 hours) to qualify for FMLA. Only actual days worked count and these employees work about 190 days/year. You need about 208 days at 6 hrs/day to qualify.

I just found out about this a few weeks ago and I am pretty upset about it. Most of the employees affected by this didn't or even still don't know they won't be covered.

Jokat
Regular Member


Date Joined Feb 2008
Total Posts : 278
   Posted 10/1/2008 7:30 AM (GMT -7)   
Carnissa,

It is true that there are some employers who have positions that are flexible enough to accomodate employees' unexpected limitations. As an employer, my company is unable to have that kind of flexibility. We only schedule employees for the times that we actually need them.

I believe that FMLA is your best option for your current situation. It should protect you when you need of for your FM.

As a fellow Fibro I fully understand and do feel compassion for our situations, however I also am a firm believer that we should not expect our employers to make concession to accomodate our new limitations. It is our responsibility to perform any and all tasks in the same manner as we had been hired to do so.

But I still love you all...... :)
JoKat
 
Fibro is a life sentence, but not a death sentence.
Fibro since 2005


~~LUVNLYFE~~
New Member


Date Joined Sep 2008
Total Posts : 6
   Posted 10/1/2008 12:02 PM (GMT -7)   
just dropped my FMLA packet off 2 doc yesterday....it your rights...use it GURL yeah
2 CUTE 4 FIBRO :)


Carnissa
Regular Member


Date Joined Jun 2008
Total Posts : 289
   Posted 10/1/2008 3:08 PM (GMT -7)   
Jokat i understand where you are coming from as an employer.. i knwo our place has positions that are not flexible. i work at a lumber yard .. i am inside the store but i know the boom truck driver is not flexible in hours.
 
 
i would talk to your local fibro society  for me its thru the arthritis society... they may have some resources for you ..
 
not sure what fmla's are  never heard of them

Jokat
Regular Member


Date Joined Feb 2008
Total Posts : 278
   Posted 10/2/2008 5:50 AM (GMT -7)   

Carnissa,

FMLA is the Family Medical Leave Act.

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

My wife has Asthma and was encouraged to file FMLA to protect her employment because she many times misses more work than is allowed by her company's policy. Time off for the covered ailment does not have to be consecutive. It can be spread out over the calendar year.

It is the employees responsibility to file and do the "leg work" for FMLA. Usually a family doctor can assist. The employer can not deny FMLA, but they are likely not jumping at the opportunity to assist in getting it started.


JoKat
 
Fibro is a life sentence, but not a death sentence.
Fibro since 2005


Carnissa
Regular Member


Date Joined Jun 2008
Total Posts : 289
   Posted 10/2/2008 7:07 AM (GMT -7)   
thanks for the info jokat will have to look into that it would be awesome for me
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