hi!

7 Comments

1. AnonymousSeptember 14,2023 at 1:38PM UTC

   Why are you nervous you may be let go? Outside of using FMLA, are you getting your job done? Are you meeting regularly with your manager? Are there any performance issues? Do you require any sort of accommodations in order to perform you job?

2. AnonymousSeptember 14,2023 at 1:43PM UTC

   Take a deep breath, think positively, and prepare for the worst (just in case). I am not an expert on FMLA rules, but I've heard they can't retaliate if FMLA was documented as required and granted. They can make things difficult by expecting too much of you too soon, hoping for a reason to put you on a PIP, or encouraging you to leave voluntarily. Therefore, have your resume polished and ready if you find the work environment too difficult or toxic. Above all, save for that "rainy day" that might be coming. Check your budget and prepare for how you might manage an extended job search (hopefully, it won't come to that).

3. AnonymousSeptember 14,2023 at 1:45PM UTC

   FMLA is job protected, so if they do let you go unless they have an excellent reason related to something else performance wise not impacted by your leave you would have a case against them for potential retaliation. That time is yours to take if needed to recover from a serious health condition and they cannot let you go just for taking that time. They would have to have a solid, unrelated reason. Your STD could also be job protected but that is dependent on your specific company, you could ask for a copy of the policy to be sure.

4. AnonymousSeptember 14,2023 at 1:58PM UTC

   Your STD may not have anything to do with work, but have you considered putting in an accommodation with your company to help alleviate any future needs to go out? As we are ALL glad you're doing better, it can be a disruption to the business, outside of your control, but it can be. WITH an accommodation formally active may help with any anxieties going back. When you go back I would suggest looking into what that could look like for both the company and yourself. Worth checking out. Being let go should not have anything to do with STD, but the performance when you are working. I think it's time for you to look at being proactive. good luck.

5. AnonymousSeptember 17,2023 at 10:53PM UTC

   I was wrongfully terminated due to being disabled. I fought back by filing a complaint with the EEOC, and I ended up getting a decent settlement from my former employer as a result. I took part of the money that I received to start my own business, and I'm much happier now working for myself. Just make sure you keep everything well documented, and preferably not at your work location. I documented everything on my cellphone in an encrypted file (that way they couldn't access it, and if they asked to I could tell them that it was something I couldn't legally give them access to as it had to do with my medically protected information) on my phone, and then transcribed it onto paper when I got home, which is why I was able to prove my case and receive a decent financial settlement. That way they knew they couldn't legally access it, without getting into big trouble.

6. AnonymousSeptember 18,2023 at 6:11PM UTC

   This is super helpful, thank you. I am just learning how to navigate the world with this disability and I did not realize that documentation would be so important. Thank you.

7. AnonymousSeptember 20,2023 at 11:12AM UTC

   Document, document, document!!! FMLA is federally protected leave and you are entitled to use it; your company is NOT entitled to ask any questions about your reasons for the leave. EVERYTHING in your FMLA requests are protected by HIPPA.

   You are going to need to keep a running folder of all of your documents from every single interaction, request, doctors notes, FMLA submissions, and emails you receive from your company, the company who handles the FMLA/STD, and your supervisers/management personnel.

   Record dates, times, who, what was said; Record EVERYTHING. If they do attempt to fire you, you will have all of the information you need to file a complaint with the EEOC, the U.S. Attorney General Department on ADA, and your local office of the Department of Human Rights.

   So many companies do this kind of thing because they believe that the employee doesn't know their rights. Most employees don't.

   Arm yourself with information and confidence. We HAVE to start standing up for ourselves, pushing back, and supporting each other while we do it.

   YOU'VE GOT THIS!!!

   https://www.ada.gov/