i am able to work but there are times when i am physically un able to do so does my employer have the right to as me to stay on and work if it is unsafe to do so? and would this be cassified as a disability issue?
- Find
- Manage
- Resources
2/ 6/10 11:07am
Hi Steve -
Yes, this is a disability issue. In the first place if you have a medical reason you cannot be at work at a particular time, and it would be unsafe to do so, you can't be forced to stay at work. You do have a right under the ADA (Americans with Disabilities Act) to have your employer accommodate you, to make it possible for you to perform your job with a disability. That could include asking for time off when the HM makes you unable to work, if your schedule can be rearranged to make it possible for you to perform your job. The tricky part is that they don't have to agree to a particular accommodation if they offer another one that would work, or if they can show that it was essential to the job that you not be given the time off. I would start by getting a doctor's statement about your HM, explaining the dangers of you working during an attack, and give that to your employer.
If you work for an employer with 50 or more employees, you are also probably covered under FMLA (Family Medical Leave Act). In that case, if you can get a doctor's certification of your condition, you can take up to 12 weeks of unpaid leave in a year, which you can use intermittently to deal with days when you can't work, and you cannot be retaliated against for using it.
Here are a couple of articles that may be helpful:
Working with Migraines & the ADA
When Migraines Make you Miss Work & FMLA
Good luck to you! Let us know how you make out!
- Megan
Important:
We hope you find this general health information helpful. Please note however, that this Q&A is meant to support not replace the professional medical advice you receive from your doctor. No information in the Answers above is intended to diagnose or treat any condition. The views expressed in the Answers above belong to the individuals who posted them and do not necessarily reflect the views of Remedy Health Media. Remedy Health Media does not review or edit content posted by our community members, but reserves the right to remove any material it deems inappropriate.
By steve— Last Modified: 12/23/10, First Published: 02/05/10
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.
Hi Megan,
firstly i would like to thank you very much for your response to my question, the advice seems sound enough and for that i am very greatful, the main thing is that i live and work in the UK so i am not so sure about if i would have the same legal protection with my rights as someone from America.
thank you again for your time and your help and i will try to get hold of the Med report from my GP as my company are now insisting that i have a company Med team look into my HM problems.
thank you again.
steve