I work for a small(under 50)company.

21 Comments

1. AnonymousJanuary 28,2023 at 2:37PM UTC

   how do they know what you have? and truly, none of their business if you have PTO. personal time off is personal paid time off.

2. AnonymousJanuary 28,2023 at 2:59PM UTC

   If you get pushback on taking your PTO, you may want to contact an employment attorney. I’m not sure how they know about your condition as it’s none of their business why you need to take PTO.

3. Alina Easterday CallahanJanuary 28,2023 at 4:00PM UTC

   Go to HR and tell them that you require a reasonable accommodation for your fibromyalgia.

   At that point they have a legal obligation (at least in US washington state) to make a good faith effort to accommodate you. At that point it is a negotiation. You state what you need (ability to take PTO when in pain) and they state how they can accommodate that or have to prove that it is an “undue hardship” not to. Burden of proof is on them and they are legally obligated.
   your supervisor is probably already in a bad spot legally, but might not know it. It’s HR’s job to know employment law so I suspect they will react differently. The end result will be a legal document which is an agreement between you and the company stating how the company will accommodate you. That agreement will follow you from supervisor to supervisor and failure to abide by it is a legal liability.
   Also the moment you talk to HR about this any negative action towards you (like, god forbid, firing you) makes the company liable to be sued for illegal retaliation.

   Agreed about talking to an employment lawyer if you can. Or at least doing some research on reasonable accommodation law to check that the above is all still true in your area of the world.

4. AnonymousJanuary 28,2023 at 6:06PM UTC

   ADA requires reasonable accommodation to help an employee be successful in their job duties. Taking time off is an FMLA thing. The only accommodation that could come under ADA for this is an adjustable schedule, but OP would still be expected to put in 40 hours and do all job duties.

5. Paula Manczuk-HannayJanuary 29,2023 at 2:41PM UTC

   This is a good point. Perhaps if the OP couches the HR contact in a way that indicates that she’s needs an accommodation since she is barred from taking PTO will get the ball rolling.

6. Hannah JonesJanuary 28,2023 at 4:06PM UTC

   This considered a ADA disability. Contact HR and identify yourself as having a disability.

7. AnonymousJanuary 28,2023 at 6:05PM UTC

   ADA requires accommodations to help an employee do the job. Taking time off is FMLA territory.

8. Alina Easterday CallahanJanuary 29,2023 at 5:06AM UTC

   Still do this! Taking pto can be written into the reasonable accommodation document and then the manager no longer has the power to punish OP for doing so. I have personal experience with this. HR can also advise on what to do if OP runs out of PTO days (in which case FMLA does in fact kick in)

9. Erica DaniellJanuary 28,2023 at 7:05PM UTC

   Do you have an HR department? I would send a link to the employer law with a screenshot. If your manager thinks it’s okay to deny you time off when your in pain they probably aren’t aware of the risk it puts the company in. If it was me, I would start apply elsewhere, no one needs to deal with a workplace and a leader who won’t support them.

10. AnonymousJanuary 29,2023 at 1:07PM UTC

    Honestly, working for small companies is not the best. I was suffering with my ADHD and many times I was asked to be diplomatic and calm even though I don't feel that. my holidays were refused because there are no enough employees to cover the work. Try to change your work before it gets more toxic.

11. MichelleJanuary 29,2023 at 9:33PM UTC

    Thanks for the advice. I am working on both a doctor's note & a new job.

12. AnonymousJanuary 29,2023 at 7:08PM UTC

    You need to contact your local EEOC office and file a complaint. If you have a doctors note and need the time take it.

13. Valerie RiegerJanuary 30,2023 at 1:53PM UTC

    The organization does not have to have an FMLA policy but your fibromyalgia may be considered a disability and accommodated under the provisions of the ADA (if there are at least 25 employees). Your employer is required to engage in something called the interactive process between you, them, and your healthcare provider to determine what accommodations you require.

14. Tammy ZaneJanuary 30,2023 at 2:04PM UTC

    I came today say just this thank you..

15. MichelleWJanuary 30,2023 at 2:25PM UTC

    I would like to refer you to askjan.org. it is a great resource for people with disabilities as well as for employers who have people with disabilities. This site keeps up with both employee and employer rights and responsibilities. It is very comprehrnsive and also lists common examples of things for many major diseases. (In my case, Multiple Sclerosis and it gave me ideas on what reasonable accommodations might be). One thing that needs to be made clear here. Your employer does NOT need to accommodate you until you start the process of saying "I have a disability that needs accommodation". This has to be something that is "reasonable" and does not "create an undo hardship on the company". And that hardship can definitely be based on company size. If your working for a small company that can't absorb a cost, it could be considered a hardship for them, but that same accommodation might not be a hardship for a larger company. Either way, it sounds like you need to talk to your doctor to make sure they are on board with classifying your health issues as disabling, then have a talk with your hr/manager. Taking extra sick time when having a flare up is reasonable for most companies. Again, I highly recommend reading up on things at askjan.org first to get a good understanding of both your and your employer's rights and responsibilities. I hope that helps!

16. MichelleWJanuary 30,2023 at 2:48PM UTC

    I'd also like to note that a company had the right to release you from employment if you have excessive sick leave if they feel it is providing a hardship for them regardless of whether you have sick leave or not. UNLESS you have either a FMLA form or an accommodation agreement that both you and your employer have signed off on. (And that is why it is important to know your rights, and consider applying for accommodation under ADA laws)

17. Michelle S.January 30,2023 at 3:17PM UTC

    Oh no, that is not OK. Have you been there at least 12 months? Whether you have or not really, you need to request an FMLA form from your HR department. If you don’t have an HR department, get one off-line and fill it out, have your doctor sign it and give it to whoever handles your benefits. That gives you a certain amount of time off without ever having to worry over losing your job. Plus, it may be a good idea to get short term disability in your benefits package. But FMLA is what supports your job and keeps your job safe. You cannot be discriminated against for a listed disability.

18. AnonymousJanuary 30,2023 at 3:39PM UTC

    This is not accurate information. They don't offer FMLA. If a company under 50 employees in a 50-mile radius doesn't offer FMLA, they don't have to; it's not required. If the employee has requested accommodation and was approved, this is a problem.

19. AnonymousJanuary 30,2023 at 8:04PM UTC

    you did not read the op carefully - there is no FMLA at her company

20. AnonymousJanuary 30,2023 at 8:10PM UTC

    Does your company require a physician's note for sick time? If I understand correctly the reason is protected of confidentiality. How would your company even know the reason you were taking sick days? From what I understand in your post, you were only asking to take time off when you had sick time available. Was this condition discussed prior to your being hired? Some good suggestions by other posters on here, too

21. Linzay DavisFebruary 8,2023 at 2:04PM UTC

    Look into ADA. You might be protected under that. It’s not necessarily job protection but they can’t discriminate against you because of your disability. also, unless you LOVE this job, I’d start looking elsewhere. They don’t sound like a supportive workplace.