disability and work?

[rmugsey]

I notified my boss verbally in 2008 of my disability and again in writing early this year when asked to give a write up that I would improve my attendance. I recently started the FMLA process and because I miss 2 days of work this week he wants another write up stating I will improve my attendance. My question is do I have to give him another write up or is this now harassment?

 

[cbg]

Not enough information to say.

Despite what theretoo will tell you at some point in future when he reads this thread, having a disabilty does not grant you automatic rights to absences and tardies beyond what other employees are allowed.

What is the nature of your disability?

How does it affect your attendance?

Did you request accomodation under the ADA, and did your employee agree that (1) your condition fell under the ADA and (2) allowing these absences was a reasonable accomodation?

Have you submitted FMLA paperwork with a doctor's verification that these absences are medically necessary?

Did ALL of the absences happen because of this medical condition?

Keep in mind that the ADA, requiring a reasonable accomodation for covered disabilities, and FMLA, providing up to 12 weeks of medical leave for covered employees and conditions, are different laws with different purposes and different eligibility criteria. Not all conditions that fall under the ADA are covered by FMLA; not all conditions that would be covered by FMLA are covered under the ADA.

 

[theretoo]

I do have a question regarding the OP's FMLA for disability. Does the approved FMLA state that you may need intermittent time off (a few hours here or a day here or a day there)? Trying to clarify just what type of time frame the FMLA has been approved for.

Did your employer approve your most recent FMLA? Was your request for intermittent time (a few hours here or there, or a day here or there, clarified by your doc)? Or was the time for a specific block of time?
In my case, use of intermittent FMLA time, a day here, an hour there, my employer requested a note from doc for each time I used FMLA. I complied and there were no issues.
However, when it came to taking a block of time (30 days) for the same serious health condition that was originally approved on an intermittent basis, employer screamed ATTENDANCE problem and denied the 30 day block of FMLA time for the same coondition that they approved the intermittent time for. All was documented by 2 docs that put me out on disability and the employer still denied.

Now they are facing FMLA interferance and retaliation charges and disability discrimination for not allowing the FMLA or at least a protected Leave of Absence for the disability.

Just my thoughts on the subject, if your employer is writing you up for attendance, based on time that has been approved for you as FMLA, that would fall under FMLA retaliation.

 

[cbg]

We haven't even established that there HAD been FMLA approved, or whether all the absences were for the same condition.