Is this fair???

[rocktopler]

What is the name of your state (only U.S. law)? Ohio

I'm not trying to sue, or seek anything but fair treatment with this case, but I'm honestly confused as of my rights in this situation. I realize that many of you who may be able to better explain do so in a respectful manner, and for that I truly respect you and your opinions. for those who would rather try to make me feel dumb for asking knock your self out I got thick skin. I just won't respect your answer. Not trying to be an a@@ but it seems like some of you honestly know what your talking about but would rather be rude than apply your knowledge to help out.

Anyway, I have epilepsy had it all my life but before two weeks ago I my symptoms have been so well under control I couldn't even tell you the last seizure I had. Anyhow on august 4th I had a seizure at work. It happened all of a sudden due to my employer changed our insurance on the first of July, and I had to choose a different doctor who decided to try a brand new med for my seizures, and I just started on them when I used all my old meds and refills. But this is not the reason for this post. I understand the doctor was just trying to save me money.

My problem is I had my seizure while working, and was rushed to the hospital via ambulance. When I arrived the parameds explained that the heat in the warehouse where i was working was 109 degrees, (apparently they noticed the extreme heat and took a temp reading) After blood work at the hospital the doctor who released me diagnosed the sudden symptoms as due to heat the meds I was instructed to take in the the morning had probably been perspired due to heavy sweating. I was then put back on one of my old meds and told to take a double dose of another before going to work. Now here is where I get confused. The very next day I returned to work and told by the 2 highest level bosses that I had nothing to worry about as far as my attendance. and went all week without hearing anything further, the next week I went on vacation to tend to an injury that is completely non related. Then I returned 8-18-08 and was given a disciplinary write up for having to be rushed off to the hospital that night. My shift supervisor said that after discussing it with the further ups they determined that I broke the attendance policy. Now the disciplinary means that if I'm even a minute late for the next three months I'm automatically terminated, which doesn't irritate me as bad because I'm very prompt under normal circumstances. What really stinks is I get knocked out of the perfect attendance bonuses which is pretty substantial, and given quarterly.
Again I only want to know if it's a legal policy not to sue, just to restore my perfect attendance and not have to worry about that one minute late, or worse another seizure. Also again I sincerely appreciate the honest input of the members here.

Thanks in advance,

Rocktopler

 

[Beanie711]

How many employees does the company employ within a 75 mile radius?

How many hours have you worked in the last 12 months?

Have you worked for your employer at least 12 months?

 

[rocktopler]

How many employees does the company employ within a 75 mile radius?

How many hours have you worked in the last 12 months?

Have you worked for your employer at least 12 months?

Well it's a global logistics company we have three distribution centers within 75 miles 2 in Cincy and one in Dayton that I know that both our cincy companies employ 2,588 (I know the exact # cause I run payroll spreadsheets weekly and thats the latest number)

According to my calulator 2,040 after last weeks vacation.

This is my 3rd year.

 

[Beanie711]

I'm not entirely 100% sure, but your epilepsy might give you rights either under FMLA or ADA. If it falls under FMLA, then any doctors appts, emergencies, etc. in connection with your epilepsy would be covered and you would have job protection. If it falls under the ADA, then your employer would have to give you reasonable accomodations, if they can, to deal with your issue in the workplace.

Stick around, someone should be able to tell you if you have any rights under FMLA for epilepsy. I don't really think they need to make accomodations under ADA, though, because it doesn't sound like there's anything they can do (it was just a meds issue).

 

[Beanie711]

You're covered... just found it in the regs (emphasis mine):

(a) For purposes of FMLA, ``serious health condition'' entitling an
employee to FMLA leave means an illness, injury, impairment, or physical
or mental condition that involves:
(2) Continuing treatment by a health care provider. A serious health
condition involving continuing treatment by a health care provider
includes any one or more of the following:
(i) A period of incapacity (i.e., inability to work, attend school
or perform other regular daily activities due to the serious health
condition, treatment therefor, or recovery therefrom) of more than three
consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also involves:
(A) Treatment two or more times by a health care provider, by a
nurse or physician's assistant under direct supervision of a health care
provider, or by a provider of health care services (e.g., physical
therapist) under orders of, or on referral by, a health care provider;
or
(B) Treatment by a health care provider on at least one occasion
which results in a regimen of continuing treatment under the supervision
of the health care provider.
(ii) Any period of incapacity due to pregnancy, or for prenatal
care.
(iii) Any period of incapacity or treatment for such incapacity due
to a chronic serious health condition. A chronic serious health
condition is one which:
(A) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
(B) Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
(C) May cause episodic rather than a continuing period of incapacity
(e.g., asthma, diabetes, epilepsy, etc.).

You cannot be punished for having an epileptic episode. If you haven't already filled out FMLA forms, ask for them from your HR and make sure your doctor fills them out.

ETA: oops, and here's the reg: 29 CFR 825.114

 

[Dandy Don]

Was this employer aware you were dealing with epilepsy before you were hired (was it mentioned in your job application)?

Is there anything in writing about the company policy/requirements about the perfect attendance bonuses (such as in an employee handbook or elsewhere)?

You need to be discussing this with an employment/labor law attorney NOW, before you are possibly fired in the future, to find out your rights.

Seems a bit unreasonable to expect to be able to claim perfect attendance when that in fact was not the case unless the policy allows exception. And how can you reasonably expect NOT to have a seizure again in the future with the condition that you have?

 

[rocktopler]

See I was looking for good FM LA explanations and that was the best I've seen thanks a million, I also just called the Ohio board of labor just know and they told me that I should be speaking to a lawyer as well. I really do like my job but that particular supervisor is a real jerk he actually wrote me up one day when he first got promoted for taking a smoke while he was smoking as well (thats how he seen me smoking) but he didn't know that I had no choice but to take a late break that night because policy states that live drivers are priority and I had too process their paper work before I could break. And he had to rip up the write up in front of me per his boss since then he has had it in for me.

Dandy Don the epilepsy was not on my application but the pre employment drug screen did show my meds which I provided paperwork that showed that they where indeed prescribed for epilepsy. So they did know. and the attendance policy is well documented they even hang up the names of those who qualify each quarter on the company news billboard.

I will seek a labor lawyer I just want to be well armed before I go before the big boss because supposedly thats who told my super to write me up.

Oh and get this the same week a guy on first shift went out via ambulance and has gotten nothing in return in the form of discipline.

Thanks guys so much for the info I must retire for the day I'll be sure to update you on what else happens.

 

[Beanie711]

I don't know if I would go so far as to contact a lawyer right now. I would at least wait and see if they'll correct the problem. Granted, the employer is supposed to know when apply absenses and emergencies to FMLA, but I would wait to see the outcome (at least then you save your money on a lawyer until you know for sure that you need one). Most companies are more willing to work with you when you don't threaten a lawyer at the second there's an indescretion.

I wouldn't go by the other guy that took an ambulance. He may have gotten a talking-to, but you just don't know it yet.

But yes, keep us updated!

 

[ecmst12]

The FMLA site has an FAQ. In it, they specifically state that FMLA-related absences CAN NOT be counted against the employee in any way, including for a no-fault attendance policy.

 

[rocktopler]

Great info, My time, and knowledge about this stuff is very limited especially now that I'm graduated, and can't just walk over to the legal department and ask away. I sure do wish I made more contacts with law grads from my class all the time.

I want to address a few things and keep you abreast on the matter as much as I can. Yesterday the upper management guy i need to speak to about this matter was out, and actually I think he is today as well touring the new Canada facility that is supposed to be modeled from our distribution center. I was told by the low level supervisor that wrote me up, or gave me a disciplinary (call it what you will) was told by this high level boss I intend to communicate with to go forward with this write up. My plan whatever happened because, for all I know he was just telling me that he was told to take this action by his boss to ease his way through it. I would much rather this just go away than litigate in court.

ecmst12, thank you for pointing me to the FAQ section I was hoping for someone who could quickly point me towards the right place too look due to my extreme lack of "me time" due to work and the kids getting back to school. I couldn't ask for better info I'm seriously grateful for all your help, and input.

Hopefully, today I'll get to speak with the big guy and get to the bottom of this and I'll surely let you know what happens.

 

[mitousmom]

What is the attendance policy that you allegedly broke when taken to the hospital?

Exactly what does your employer know about the ER's diagnosis of the condition that required your trip to the hospital? Does your employer know that it involved epilepsy or a serious health condition or does it think it was heat related?

Did you request FMLA leave for your absence from work to go to the emergency room?