Do I have a protected disability?

[gkisystems]

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

I've recently been under the care of my MD and he has prescribed Rx drugs that negatively affect my ability to effectively work. Specifically, while taking the drugs, and I unable to do "complex cognitive tasks." My job is accounting, so nearly all my tasks are complex and cognitive. The doctor filled out FMLA paperwork (template provided by my company) just yesterday.

However, I've recently been getting negative feedback on the job such as me being inaccurate, inefficient, and not hitting deadlines. I believe the reason I've been getting this feedback is so my manager can create a paper trail that would negatively affect my future employment, if not eliminate my future employment.

I believe the negative feedback can be explained by the Rx drugs I've been taking. Ideally, I don't think I should even be there working, but if I don't do the work, they don't have anybody else to do it and its my fear that my employment prospects will suffer even more (I can't meet my goals if I'm not at work).

Do I have any protected rights? Are there any relevant case law and/or statutes? Is there anything I could print out and provide to my boss and/or HR so they back off on me?

 

[cbg]

No, there are no laws requiring the employer to accept substandard work regardless of the reason.

 

[gkisystems]

No, there are no laws requiring the employer to accept substandard work regardless of the reason.

Then would there be laws for the employer to accept NO work during the period I'm on medication (potentially for many weeks/months)? I think the FMLA would protect my job and salary, but I wouldn't be entitled to be paid during the time off by law. However, I may be entitled to short-term disability benefits that pay 100% of my salary.

Does this sound right?

 

[cyjeff]

Then would there be laws for the employer to accept NO work during the period I'm on medication (potentially for many weeks/months)? I think the FMLA would protect my job and salary, but I wouldn't be entitled to be paid during the time off by law. However, I may be entitled to short-term disability benefits that pay 100% of my salary.

Does this sound right?

Short term disability would be the way to cover the times of absence.... but you will have to ask your insurance provider for that information.

I want to make this clear... FMLA and STD may run simultaneously. FMLA will, if it protects you at all, protect you for 12 weeks (unless your injuries are the direct result of military action).

No employer has to accept substandard work and/or an employee on the clock under the influence of any substance whether or not it is prescribed by a doctor.