Written by
I believe the situation that you are referring to in this article is mine. The struggles over the past few years with my work and migraines have been exhausting. And this for a job I absolutely LOVE. I finally feel like someone is listening!! Thank you so much. I wish I could have found out more about ADA when they tried transferring me. I would have done things different and I would not have used up my FMLA. Anyway, thank you again and keep the information coming. I believe that helps a deal. It gives me hope in my own situation to know that what I was fighting for and am still fighting for is attainable.
Lisa
Dear Anonymous -
It sounds like you've been down this road before - sorry to hear it! Unfortunately with FMLA your employer can require you to use up paid leave before taking FMLA leave. The Department of Labor's FMLA FAQ's give a little more information on this.
Ont he other hand with ADA, if you notify your employer of your disabilities and ask for accommodations to help you perform your job, and if they can grant the accommodations without harming the organization, they do have to accommodate you. The catch, though, is that they aren't required to give time off as an accommodation. This sharepost on Rights under the ADA might help clear up what they're required to do.
Good luck to you!
- Megan
I have suffered from migraines since I was...well I remember having them in 1st grade. All of my employers up until now have been very understanding as I am an incredibly hard worker and do my absolute best to prevent my suffering from interfering with my job performance. However, I feel this has all changed about a month ago when I was called into my supervisor's office and, basically, given a verbal reprimand because I appeared lethargic and inattentive at a regional meeting...I had a migraine!!!!!!! and thought I was doing the right thing by coming to work and demonstrating my dedication to the job and accountability for my part in the meeting. I have worked for this company for over four years and have made no secret of my migraines. I was told that if I continued to appear inattentive, that I would be publicly called out in the future. I was absolutely appalled!!! I shared my feelings with a friend and he recommended a vindictive course of action...calling in sick at the slightest hint of a headache, but that's not in my nature. Then, last week, my company sent all their supervisors and leadership staff to an HR meeting and they mentioned migraines were a protected condition. OMG, the feeling of relief was indescribable. I left work early today because of a migraine attack and just woke-up after hours of medication mixed with sickness. I finally feel comfortable taking sick time for days like today. Please, tell me what steps are best to initially take? I have a dr appt later this month, is it best to first ask him to write me a letter for my employer documenting a diagnosis of migraines or should I have a professional conversation with my employer about my condition?
Thanks,
Heather
Hi Heather -
There isn't any specific right way to do this. If you are asking for FMLA leave, then you have to walk in with documentation. If you're just informing them of your condition and that you may need some accommodations, it's up to you. It will certianly make your case more strongly if you have a doctor's letter. I certainly think that asking for "not to be called out for appearing inattentive" would be a small accommodation and one they ought to grant. It sounds like some explanation from you of what your Migraines are like and how they affect you would be helpful, and I would strike while the iron is hot - do it right away since they just mentioned Migraine is a protected condition.
- Megan
I'm so happy that you are finally taking care of yourself. I have had FMLA for years, but the last few years my migraines have become almost daily and are severe. I am on my last week of FMLA now and have been on short term disability since the last week of January. I have had MRI's, CT scans, xrays, I also have HTN that has been difficult to control, now seeing a Hypertension specialist. My family doctor and I talked on Monday about where I was going to turn to next, after reviewing my chart and medications I am on(nearly maxed out on the doses of multiple antihypertensives) he told me to apply for long term disability. This is something I am going to do. My job is a critical care RN, I cannot safely make judgements while having nearly daily migraines that I cannot treat at work. I'm at my wits end....
I guess I am facing the reality that I may be turned down for my long term disability through my .company. If that happens, I will have no income while I wait on finding out if my social security goes through. I see their physician next week, is anyone else as frightened as I am about all this. I am my sole support, and I don't have a clue how I am going to make ends meet. I am having daily migraines, I throw up everday all day. I live in a dark, quiet room. I am on preventatives, I am Hypertensive, I have syncopal episodes with my migraines, I don't drive but on a rare occasion, because I don't feel it is safe. I am a critical care nurse. I don't think straight, I'm forgetful, my vision blurs, I have numbness and tingling in my right hand and arm with my migraines. I am panicking, any suggestions or help.
Featuring Content From:
By using this service, you accept our Terms of Use. Please read them. The consumer health information on is for informational purposes only and is not a substitute for medical advice or treatment for any medical conditions. You should promptly seek professional medical care if you have any concern about your health, and you should always consult your physician before starting a fitness regimen. Copyright © 2012 Remedy Health Media, LLC. All Rights Reserved.
I have stated in my own blog that my work place is very accomodating to me and I am very lucky and know it because I've heard these horror stories before. Before my migraines got so severe to be daily, I had open conversations with work about my migraines as a disorder. I also am a valued employee and approached the conversation from a business perspective rather than emotional or something I needed. I talked about how they were most able to get the most value out of me. My doctor wrote a letter as well indicating what hours I could work, etc. My work has allowed me good accomodations - an inside office where I can leave the lights off and I can where my sunglasses if I go elsewhere. And now more recently have allowed me to work from home. I showed them that my productivity increased significantly - with numbers and facts - when I worked from home and then asked to work from home 3 days a week. The president came back with "work from home all the time and just come in for meetings." This is because I was able to show them logically and with facts that I was more of an asset to them if they accomodated my migraine disorder than if they didn't. I didn't approach it from an emotional level describing my pain and how hard it was for me. I am grateful for my employers' handling of my situation and feel for those that don't have that.
That's a great approach, Elizabeth, and a great piece of advice for anyone in a position to follow it. One of the crucial issues will be to decide when to talk about Migraine disease. If you wait until it has already become a severe problem for your job perfomance, it will be hard to keep the emotion out of it and hard to show the kind of positive results from accommodations that you are talking about.
Well, also I'm a CPA so facts and results approach comes more naturally to me. I have to prepare to be non-emotional for the meetings that we still have while my pain is severe. I prepare a schedule and an outline of what we are going to discuss and that helps me follow that rather than my emotions. Plus I see a therapist once a week for dealing with my chronic pain and I discuss with her how I'm going to approach it and we role-play so I'm prepared to keep emotion out of it. The first role play I don't do very well, but practicing helps with a professional. If you don't have that then role play with your friends/family/support group and get their take on how you come across. I just know the boss cares more about his/her bottom line so you have to come at it from their perspective. Sad but true.