Hi everyone. I've had my j-pouch for 4 years now. I've been having issues w/my employer on and off now for about a year. I have been dealing with chronic pouchitis, strictures, a fissure, which I needed a surgery for, and anemia, and on top of that not being able to empty my jpouch completely. I have an appt next month w/Dr Fazio at the Cleveland Clinic for a consult on which maybe for another surgery. I have been feeling like crap for a very long time now. Anyway, I have missed days at my work which is a township, and there are a few board members who are talking about wanting to let me go. I've had my surgeon, Dr Donald Kim, send a letter to them explaining my situation, but they still not being understanding. Not only do I have to go through my health issues, but now I have to worry if I am going to have my job in the future. The reason I have missed work is because of drs. appts, and really being sick. Has anyone else had problems too, with their employer?

I've been working in Human Resources for the past 14 years...

I'm assuming you have used your sick time to cover these absences? If you are using sick time and can prove you have been sick, you should be able to make a strong case to them about keeping you, and if they were to fire you you would have a strong case against them.

Depending upon the size of the township (how many people they employ) they may be required to follow the Family Medical Leave Act (FMLA) which requires them to give you up to 12 weeks unpaid leave for your own, or family member's illness. This time can be taken in small chunks to accomodate dr visits, or longer chunks to accomodate surgeries, etc...You will probably need to inquire with the HR department about how the township is affected by this law.

Yes, I do use my sick time. I am allowed 1 sick day per month. But in some cases, I have to take 3 days off, usually w/a dr slip. So, not all of the days were covered by sick days. I don't think I would qualify for FMLA because the township has under 50 employees.

You are right, with under 50 employees, the township does not have to comply with FMLA. Have you gone over your total amount of sick time? I'm assuming you are allowed to bank a certain amount of it?

Regina,

You're in a tough spot. I guess that it would be helpful if you had a flexible employer so it wouldn't be an issue. Is there any way you can change one of your shifts to come in early or late to accomodate your Dr.'s Appts? (Obviously you can't do this when you go to CC). I have been on the other side of this type of situation before as I am an employer. In most cases, it is better to handle some small inconveniences for the welfare of my staff, than to try to push someone out and rehire/retrain. Unfortunately, not everyone is understanding and flexible.

I wish I had a solution for you. I know you're been through a lot. The most important thing for you is to try to get these little bumps in the road behind you and that will help you perform at a higher level at work too. You'll be in my prayers that things will make a turnaround for you and you'll start feeling great again and that your job concerns will be laid to rest.

Rick

I do have a suggestion although i do not live in your state and my experience is within the education filed.
there is such a thing as a Section 504. (my experience with this is in schools). it prevents discrimination from employers towards employees that have medical conditions that interfere in their activities of daily living. you can look it up on line or contact your state department Office of Civil Rights.
i do not know if this would work in your particular situation but good luck.
JA

Section 504 doesn't apply in the private/gov't sector, but the Americans with Disabilities Act does. An employee has to ask for the accommodations they need to be able to perform the job. The employer then determines if the accommodations are reasonable. Unfortunately, there isn't a list that tells what is covered and what isn't and what is reasonable and what isn't (in fact, what is deamed reasonable by one employer, might not be by another).

In this case, since bobbysgirl is already using time she has earned (sick time) there really isn't an accommodation, unless it was to ask to be allowed to use that sick time differently than other employees might.

Thank you all for your advice and your prayers.. It is all appreciated. I will see what I can do about the Americans with disabilities act. Unfortunately I won't be able to switch shifts. It's a strict 8-5 office position. I hope things will turn around for me! Enough is enough! Thanks again.

Regina, if you decide to try and ask for an accommodation, be sure that you phrase it as "I'm asking for an accommodation under the ADA" so that your employer knows you are making an official request. That is a part of the law - the employee has to ask, so you want to be very clear that that is what you are doing.

There are places that don't have to comply based on size (like with FMLA) and I'll try to see if I can find that info for you.

Okay, here it is...this is from the governments ADA website ADA information BTW, there is a list in here of covered illnesses, but it is not exhaustive; just because something isn't listed doesn't mean it wouldn't be covered and vice versa. This is a VERY subjective law.

Q. What employers are covered by title I of the ADA, and when is the coverage effective?

A. The title I employment provisions apply to private employers, State and local governments, employment agencies, and labor unions. Employers with 25 or more employees were covered as of July 26, 1992. Employers with 15 or more employees were covered two years later, beginning July 26, 1994.

This message has been edited. Last edited by: JillM,