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Mental and Physical Health Issues are causing problems at work

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brendakay59

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

I've been going through alot of stuff, both physically and mentally and I've had to miss work a couple of times, in 4 day periods. Even though I have doctor excuses for both times, my supervisor wrote me up and gave me a 3 day suspension. Even tho, I have only had 1 counseling statement and never a written warning. They are supposed to go through several steps, before the suspension according to their policy, but didn't. Is this legal? Also, I have been harassed (not sexually)by my supervisor many times in the 10 years that I have worked there, and it is well known by most of the employees. She treats me as if I'm trying to take her job, and puts me down and belittles me in front of them. She knows the stress I am going through and how severe it is(it involves my son, and could be a death situation for him) and how it's affecting me, but she appears to be telling her supervisor that it's not as bad as it is, and that it's made up or something. I have health issues, one of them is asthma, which has been made worse with the extra stress, and I'm sick alot. It's to the point where I would like to quit, because I feel harassed like she's trying to get me to anyway. It's very hard to deal with. Would this be justified, if I were to quit and file for unemployment long enough to get myself straightened out?
 


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ecmst12

Senior Member
You need to apply for FMLA right now. That will allow you to take up to 12 weeks of leave, all at once or intermittently, without suffering any disciplinary consequences at work. If you quit, you won't be able to get unemployment because first you will have voluntarily quit, and second you will not be able to work because of your family and personal health issues. So taking the FMLA leave could give you the time you need. You will need medical documentation for your and your child's medical conditions.
 
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brendakay59

Junior Member
Thank you for your advice, I will contact my doctor and do what you said. I appreciate your advice and congratulations on your freedom.
 
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commentator

Senior Member
Agree with everything already said. Whatever you do, do not quit. If they fire you for absenteeism, you probably would be approved for unemployment if you had doctor's statements for that absence, even though it was legal for them to do it just because they wanted to. If you have FMLA, of course, you'd be protected for the duration of that. But you said she was trying to get you to quit. Well, do your best, be pleasant, always have a doctor's excuse for your absences, and then let her do her worst. No matter what do not fall for that old thing about "You'd better quit to protect your references, we're about to fire you." the correct response to that is, "You will have to do whatever you feel like you should do. I don't want to leave the job."

If they terminated you, you'd have a much better possibility of receiving unemployment. If you quit because of family illness, in some states, you might be approved for unemployment, but in others you might be ineligible because you have quit your job for a personal reason, regardless of how valid a reason it was. Being able and available for other work as ecmst mentions, is also a big factor. Unemployment is not disability insurance.

Do hang in there as long as you can. Don't let them stress you, though. Just smile and do your best. Whether they say your leave is necessary or justified, you know what you are doing is the right thing, and it doesn't matter what mean people say about you.
 
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