I was fortunate to have been employed by a company that made every conceivable concession to try to keep me fully employed but I eventually had to stop working and go on disability. Most companies are not as wonderful to work for as mine was, so this information is both pertinent and essential for people who suffer from migraine and other chronic pain conditions who must have the income and healthcare benefits. Thanks for advocating for us and for publicizing this information.
My husband works for a huge national chain with BIG lawyers and "at will" employment which seems to mean that they can fire anyone at their will. My husband recently had a torn retina, breathing problems and other misc. health problems besides helping me with house chores and doctor appointments for both of us.
His work schedule goes something like this: Mon. 6am-2:30 pm, Tuesday-off. Wednesday 3pm til 12 am and take an hour for break instead of a half hour so he is there both early and late for meetings, Thurs. or Friday 3:30pm til 12 am or off depending (whichever works for them), Saturday 8am til 4:30pm and Sunday for 11 am til 7:30 pm. A different schedule EVERY day.
My husband is so exhausted he barely sits down and falls asleep immediately. I am tryingto take care of myself but somedays the pain is so severe I don't even walk to the bathroom unless its absolutely necessary. Many days I don't go to the kitchen to get something to eat or drink as it hurts too much.
I recently had a new pain evaluation and the PT told me that I really needed to have a schedule and I would feel so much better.
When my husband requested to downgrade his job so he wasn't a department head, and even out his schedule, the headquarters "Human Resources" person said that the only way he could change jobs is if he went to part-time with no insurance benefits and a big cut in pay as they would take back all the raises he has earned in the past 6 years.
That is the way it often works in the REAL world. I don't know which of us will "break down"first.
Well Skye, unfortunately most employment is "at will" - except those relatively few people who have employment contracts. That means you can quit any time for any reason and you can be terminated at any time for any reason, except for a discriminatory reason. In reality this favors employers more often than not, and means if you don't like the way your employer runs things, as long as they aren't breaking any laws, you can't do much other than get a different job. There's a lot I don't like about the way workplaces are run in this country. I'm glad we have FMLA but it doesn't cover everything. It sounds like your husband's schedule is hard on both of you.
I suffer from seizures and migraines, but they are triggered by the bright lights (flouro-bulbs), loud, group noise and the computer. I have to wear light-filtering glasses, and use a computer filter at home, and I used to have a screen filter at work. Well, I was out on STD, and when I returned the screen-filter was gone. I told them I had to have it to work, but they saud I had to have a medical needs certifcate, and I hd already turned one in. They refused to give me the filter. The glasses really don't do much at work, but help at home. Well, I had a seizure at work, and when I came to my senses, I was outside wandering around. I don't have a clue as to how long I was gone. I was x-ferd to a new manager, and asked agin for the filter, even offering to buy it, but they said they couldn't find one to fit the computer. The last seizure started at work w/an aura, and I left. I shouldn't have been driving, but you're out of it when those happen. I made it home (about 5 miles away), but I had a seizure. The migraines can happen at any time, but they are lessened by medication, and removing triggers. My copany has a home-office division, that would allow me to return to working status, but I have sent a request over 3 weeks ago, and still haven't received any info on it. I'm going to send a certified letter today. I could go back to a working status if they would work with me. I just received a merit raise, so nothing is wrong w/my work, and this would not cause undue expense t the company. I guess I have to hurry up and wait. Maybe this ruling will help, but I live in TN. I may have to get a lawyer.
Thank you so much for the information! I had brain surgery in 2008, and the company I work for was pretty helpful, but since the headaches are getting much worse while I'm there, they really seem to just want me gone. I have offered to pay for everything, and I have an office at home. I think they see me as a liability since the last seizure started at work, and I left. I'm not able to work in the building anymore, unless they give me my own office, and make several changes to the lights, etc, and I know they are not going to do that, but I have made every modification to my home. I'm not supposed to drive at night, and I have asked many times to be given a day schedule, but they tell me there's none available, so I just continued the night schedule. I think I will speak with a lawyer since the company didn't respond to my request for any accommodations. I did send a certified letter today, though. Thank you for giving me the information about the court ruling.
Christy
I work at a small lawfirm that employs less than 50 people. Since FMLA does not apply here, what rights do I have?
Rae if your firm has 15 or more employees, they are covered by ADA (Americans with Disabilities Act) and have to give you reasonable accommodations for your disabling condition. Reasonable accommodations could be flex time or a better shift, but they are not specifically required to give you extra time off. Read more in Working with Migraines: Rights Under the Americans with Disabilities Act.
- Megan
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as i have found out they can get away with a LOT even with FMLA in place.
for over 2 years i've asked, and even begged to be moved to first shift. i have taken to date 4 notes from the doctor only to be told we have to find something. i finally had a position, was given a transfer date, only to be written up less than 6 hours later ( manager who wrote me up was there to hear conversation with other manager)
my FMLA has been in place for 2 and a half years. i make sure that it is. but because i have to miss time or leave they still write me up.
now that i have gotten a lwayer involved ( and told them as much today) we will see if i actually get moved this time ( i'm NOT holding my breath)
McMurray Chick -
I hope your lawyer can help you get the accommodations you need at work. I know you've had a really rough time, and I'm sorry to hear about it. I can't agree that it doesn't mean much, however. When laws change it may or may not help a particular individual but over time it makes a huge difference to all of us. There were no public wheelchair ramps before the ADA passed. Small children worked 14 hour days before child labor laws were passed. There was unquestioned school segregation before Brown v. Board of Education. Good court decisions interpreting the law are not the end of something, but they are the beginning.
- Megan