work related question | Arthritis Information
HELP. Any of you out there in RA land who have ever had work related issues as far as accomadations based on your health status can you offer me some advice.
My supervisor is making it difficult for me requiring dr. note whenever I am out etc. Today I went to her office to take the note from yesterdays follow-up and to basically explain my situation healthwise. I told her how it was hard for me to go out and do the work we are doing now as I was in pain and hurting throughout the day and at evening was going home and just a miserable mess. I said it would be better for me healthwise to stay back at my desk and work there. Well I was told I couldn't do that because I didn't have a letter specifically saying that I couldn't do the work I was assigned to do. And then she said what wioll you do when you come back to our department if you can't do the work? (currently I am on loan to another dept. Just desk work, nothing rushed like I have it now) I was so hurt I couldn't really think of what to say so I said I'll cross that bridge when I come to it. So I left her office crying.
I am getting the intermittant FMLA started. But in the meantime what are my rights as far as work duties and modifications?? Does any know or know where I can look and get info or find an advocate. I have been here for 10 years and I love what I do. But I need to be understood and need my boss to know that what I have isn't something that is going to go away. Working all day in pain and going home to spend the evening in pain is just not my idea of a life.
Sorry for the long post everyone but I just can't do this anymore. I have probably spent every last tear I have today and then some.
mom2threeinaz2009-03-03 14:18:54HI Mom, so sorry you have an ignorant boss! First stop is your GP for a letter for now, then do you have a union? If not check with your human resources dept. what is required legally, I am pretty sure you need to be assessed by their dept and then a letter from your Dr (to say you need to do light duties only) should suffice. All the best Janie. PS As if you need this stress on top of everything, whatever happened to human compassion?
Hey m23, Idk really if this will help or not, but you could ask your supervisor to put HER request to you in writing. If she is just having an issue with you in general, this may make her see how silly that is and she may decide to help you out. It may also make her more aware of just what your company's policy is concerning situations such as yours. And it may give you some leverage down the road.
I agree with Janie, stop the hemorrhage first by getting that letter from your PCP or Rd first, that should make life easier quickly. Maybe someone here can tell you a little bit about disability laws...
My situation was not as severe but my FMLA turned ino a resignation last year.
However, I could have fought and stayed but even I found being in the hospital every other month for an entire year a little ridiculous so I resigned.
I contacted american with disabilities org. and received a lot of over the phone help and literature in the mail. I can't find it now but here is the web site. You know some of us have no choice but to work blind, crippled or crazy. those are the breaks so I wish you the best possible outcome.
http://www.ada.gov/
I feel so bad for you. That must have really hurt to be a 10 year faithful employee and now just because you are ill you get this kind of disrespect. It must be obvious to her that you are ill and not looking for a way to get out of work!
I don't know what your rights are. I'm sure there are people here who do and will help you out.
For now- one step in front of the other. Just go in and do what you can. I sure hope you feel better soon- that would certainly help all the way around.
I'll put you in my prayers.
Hi Mom - A couple of links for you. While neither is the full picture, it will give you a start and phone numbers to call if you feel your rights are being violated, which they sound like they are. Talk to HR and let them know that you are requesting reasonable accomodations - that will open the discussion.
ADA rights
FMLA rights
mom2three, I am sorry that you are facing this. When I was working and having trouble with one of my duties, I consulted with an attorney. The task I was having difficulty with was essential to my job duties, so there was nothing I could do short of asking my company to have mercy on me. Is it possible for you to seek another position in your company, one which will keep you at the desk? If not, I would make whatever external contacts you can to get advice on what to do before contacting HR. Although HR can be helpful, their duty is to look out for the company first and you second. It's better if you already know your rights before going to see them. Good luck.Thanks everyone for your advice. I have calmed done somewhat. Earlier today I was using some very colorful metaphores and I was mostly very hurt that my boss didn't seem to care about my situation at all.
Just to clarify I do work a desk job where I am at. However this is a temporary spot which would become permanent when the founding comes in and I was told I would be offered the position. It is a good job where I am not stressed and am at my desk sitting in comfortable chair, working at a slower pace than what we have now. What I have been doing for the past month is with my old position and we are out everyday to the schools testing. This stressful and rushed work as there is a time frame for getting all of the testing done. It is painful for me to be sitting all day in what sometimes is nothing more than a kinder sized chair speaking with kiddos all day. Not to mention that right now my legs are still swelling and I am in pain so much so that by the end of the day I just feel horrible. This what I conveyed to my boss but she didn't care because I was still sent out to the school. I did go to PC today and explained my situation, got the note for work duty restrictions and will turn it in tomorrow, and he is filling out the FMLA paperwork for intermittent status.
Also he put me on some lasix to help remove some of the fluid buildup.
Thanks again everyone for listening and for letting me rant. Sleep well everyone.
Well done mom2, you have set the ball rolling, congrats, great news about the FMLA, now take it slowly and if you really can't do what she asks you to do, hopefully the PC note will enable you to do something else, if not then you will have to go higer than her, best of luck, Janie.
Yep, I will go straight to the top banana if that's what it takes.
Mom2, you are proceeding in the right direction. First, know your rights. Second, learn definitions of disabilities, light duty, etc. Third, get a doctor's statement stating what your restrictions are right now. I am not kowledgeable enough to know all of the above rights, etc. but suspect I am getting closer to having to arm myself with this knowledge also.
I brought my doctor's note to my employer. It states I cannot lift over 20 lbs. (my job requires 40 lbs.). It states I cannot continually get up and down from my desk chair (my job required that - it aggravates my bursitis in my hips). Luckily my employer is laid back and people help each other when needed (rare in this world sometimes). I took it upon myself to weigh my current work product and a full container weighs 40 lbs., but not all of them are full. I lift or slide the smaller containers. I had a co-worker offer to do the work that required me getting up and down out of my desk chair all day. That worked great except I was getting more pay for that particular job and once I knew I could never continue to do that, I knew it wasn't fair for her to be doing that part of my job. I change job duties within the department. What I'm saying here is that my department and I worked together for a solution. I, too, love my job and place of employment.
But, I think I am getting closer to more problems. I am frequently having fatigue and really would prefer to stay home because I just don't feel well. However, I continue to go. Twice recently I didn't go - I missed a day and another day I didn't work overtime.
FMLA will give you some job protection for 12 weeks of unpaid leave (i.e. you must qualify for it, it must be for a "serious health condition" as defined by FMLA regulations, you must provide adequate documentation, etc. etc.). This law is basically meant to keep an employer for firing you when you must, due to health reasons, be away from work. Follow the rules to keep yourself protected.
Disability is another story. I'm going to have to learn about this soon I am afraid. I am suddenly coming to the realization that if I were to lose my current job (economy reasons, layoff), I would have great difficulty finding another position at an employer who would be able to work with me. It is my understanding that employer's have to provide "reasonable accommodations" for disabled people - but I think I am heading toward "beyond reasonable". In reality I would find myself (if I were completely honest) having to say something like, I'd love to have this job but.....I can't type all day long, I have difficulty sorting papers, I can't be getting up and down all day, I get extremely tired throughout the day and my productivity won't be at 100%, I can't lift over 20 lbs., I may miss work from time to time because I don't feel well, etc. etc. Heck, I wouldn't want to hire me either! I currently working about 30 hours per week; closer to 40 in the busy season. But I am really getting pooped.
I truly want to work, but if I get caught in the next layoff I'm not sure how I will find another job that I am actually able to do with RA.
I am not "crippled" where people can "see" my RA and I'm sure most, if anot all, co-workers etc. think there is nothing wrong. I had one co-worker make a comment that I was just lifting the small containers so I explained to her that I had a doctor's excuse and RA. I look fine, so she just didn't realize my situation.
Sorry I rambled, but your post hits home for me. Today I don't feel like going to work, although I will. I wanted to take a driving trip this weekend, but now I may not feel like going. Another question for my RA appointment is whether my continued working when I'm having bad days is hurting my future RA condition. What do you all think? I know a lot of you have already dealty with these issues or may be going through them now as well.
Flamingo,
You aren't rambling. You make very valid points and I agree with you. What really hurt for me yesterday was that my boss didn't seem to think my needs were important or maybe didn't believe me and sent me out to test anyways. I ended up the day it total pain legs swollen like a ballon ready to pop.
I realize too that there will come a day when I will have to make a more than reasonable accomadation request and when that day comes it's time to quit work. That is a scary thought for me but I know now that it is a reality that I will one day face.
If you don't mind I would like to borrow your question~~
whether my continued working when I am having bad days is hurting my future RA condition? When I have my next RD appt. I will ask.
I wish you best of luck in your health and work situation.
Hi guys, my RA is like having a job 24/7, as I am never feeling well enough to do anything at home, let alone work as well! Good on you for your persistence and bravery. Janie.
Well the saga continues. I took the second note from the Dr. specificlly stating legs elevated to work. Supervisor asked me how I was being accomidated in my desk spot where I am on loan. I told her I had brought in a foot stool to help elevate me legs. I also said that my desk chair was not uncomfortable to sit on like the school chairs. I was told that accomadations could be made at whatever school I was at. Also she mentioned that maybe I should just take a disability leave. To which I responded that I needed and wanted to work. It's just that working all day long like this is aggrevating my RA. But to no avail. SO I left crying again feeling like 1/2 an inch tall. Anyways I am jotting every encounter with her down something tells me I will need this for future reference. Well the one good thing is I went to Dr. today to pick up my FMLA paperwork and gave it a good look over. And it says on one spot that I may perform my assigned task unless it causes me pain or aggravates my RA. SO, with this in hand I will go to speak with her tomorrow. I have decided I can't let her bully me or make me work all day in pain like I have for the past few days. Wish me luck everyone I have a feeling I am going to need penty of it.
Hi MomTo3-
What a shame that your boss can't give you the support you need. I am new to this RA thing, but I have been very open about it so that my boss and chain of command understand my limitations. I've done everything I can to educate them so they know it will take some time to get it under control, that I want to do my very best for them and that I might need some grace and support in the meantime. Even our executive director (who is a cabinet member) stops to ask after my health whenever he sees me and asks what he can do to help.
Fortunately for you, there are a number of protections that employers MUST extend to you. I am in a high level govt position, so we've recently been schooled on employee rights, which changed significantly in 2008. Educate yourself carefully, and make sure to take the right steps (looks like you are).
There are a lot of misconceptions about FMLA. But as Flamingo says it gives you protections to miss up to 12 weeks of work PER year (you may need to find out when your year starts/end as it's not always calendar) for medical reasons without fearing loss of job. This leave may or may not be paid depending on your employer - generally you use any accrued leave then you take unpaid leave. FMLA can be used all at once or here and there.
There is a huge difference between 'going out on disability' and 'american disabilities act.' It may be helpful to learn about your disability benefits - there are short-term (intend to return to work) and long-term types of disability (don't intend to return). An employer may provide short-term at no cost to you, and perhaps after a period of not working (I've usually seen that this is about 6 weeks), may pay 50-60% of your salary for the remainder of the disability period. It doesn't sound like you want OR need to take disability at this point, what you need are ADA accommodations.
In Sept 2008, Bush amended the ADA... Now called ADAAA (ADA Amendment Act of 2008). This Act broadened the scope of protections offered to employees, by (1) increasing the types of disorders that are considered a disability, including even mental disorders and (2) including those who are managing their disorder with medication, exercise, etc. This latter has very important implications for people diagnosed with RA, where it may come and go, may or may not be under control, OR is in remission. There is no question that RA meets the new standards if you are significantly limited by one or more major life activities - this is defined as caring for self, walking, standing, bending, working (and much more) and misfunction of the immune system. An employer has many responsibilties. You have one too - this is to inform them that you have a medical condition and to explain to them to what your limitations are or might be. Once you have done this, your supervisor must sit down with you to determine if and how to provide the necessary accommodations to you. Generally, the larger the company you work for, the more "opportunities" they will have to do this. You can read more about it at:
Your supervisor has made some critical errors, and it sounds to me that you are perhaps working in a school district that receives public funding(?). If that is the case, they will be wary about making a misstep to avoid a lawsuit because the govt wears a bullseye when it comes to suits. I don't know that you have cause to pursue (or would even want to) a lawsuit but if your company does not remedy the steps they take, it may go that direction. I guarantee that your HR department does NOT want this to happen, even if your supervisor is ignorant. They will know the law and make sure your supervisor does too.
A trip to your HR dept should be your next step. Make sure that you have documented the interactions between you and your supervisor first, so you can explain it well and concisely. Ask them to explain your rights and benefits in terms of FMLA (even if you think you understand them, each agency implements a little different and every person interprets a little different), short- and long-term disability, and accommodations for your disability. Make sure you understand and go back again and again and again if you have questions or something is not clear.
My final piece of advice is to let them know you are a good employee! You love your job, you've worked for them for 10 years and very much want to stay with them, and you are trying to do your very best for them within your current limitations. Even if you feel these things, you need to make sure they hear you say them.
Good luck, keep us posted, and let me know if there's anything I can do to help!
Sorry you continue to hit a brick wall with your boss. Glad you are taking all the right steps. Best of luck to you. Remember- she has the problem not you- don't let her make you feel bad!
[QUOTE=ColoMo]Hi MomTo3-
I wish you the best of luck!
Next step then thanks Katie I wouldn't have thought about that at all. I will fish out my copy and memorize it.
On a side note. I did turn in the intermittant FMLA papers today and kinda fell apart with the HR person assisting me who by the way turned out to have an autoimmune disease herself. She was so understanding and helpful. She was able to get me in to speak with one of the top admin for personal I was able to explain my whole situation and how I had spent the past to days working in total pain. He really really listened to me and took my needs and concerns into consideration, not throwing eveything back on me. After we talked I felt like a weight had been taken off my shoulders. I am hopeful my imediate boss will not in some way take it out on me because I went to HR. Fingers x'ed.
Took th erest of the day off and came home to get some much needed rest. Thanks all for your sympathy and support.
Hey, that's great! Your boss better not retaliate - I think it was much better to go to HR than to go to your boss's boss. Hopefully you'll get some relief now, especially after a little extra time yesterday.
Hi... I don’t really have any words of wisdom or comfort and am still feeling crummy about about my own recent experience regarding working so I’d like to rant & rave a little, if you don’t mind.
Some jobs absolutely require the ability to do it all and you can see that clearly, so just accept it. Others could be revised to be benefitial for all, but the employers are unwilling to try it. It can be disappointing, frustrating, very upsetting.
Here are my experiences.
I have lost 3 jobs due to chronic illness. One I agreed was reasonable but I could have done the other two, in part, if they had allowed it. I am a nurse. Just think about it from the perspective of the patients, the other nurses' and the doctors'; all want enough staff to provide quality care and for each nurse to show up to work, stay on duty, and have not only the physical abilities but also an alert mind with sharp assessment skills.
The first time, due to UC (ulcerative colitis), when in my twenties, I was fired from my job on a post-intensive care floor + Intensive Care. I was hospitalized at least once a year for 1-8 weeks. My supervisor had access to my patient chart each time so totally believed my diarrhea excuses. She felt so bad when she told me she had to let me go, that I was sicker than many patients, but that she needed to be able to count on each nurse for the schedule (my performance was never in question). How could I argue?
I never worked fulltime again. I never had benefits again.
The second time, due to RA, I lost my very parttime job that I was so lucky to get 7yrs ago. It was one of the newest specialties; forensic nursing. The 1hour monthly team meeting was ok and if at a class such as about DNA, I’d go lie down in my car in all breaks. Mostly I was waiting on-call, at home, doing nothing, to remain rested. If a detective paged me, I went to hospital to conduct a forensic-medical exam on a victim of violent crime. My county doesn’t have many so I only had 0-4 patients per month. Last March, I went on a medical leave (no pay) for shoulder surgery, then by September, needed it repeated. Being forced to take off work allowed me to realize how hard my job had been on me. It was supposed to be only 4hrs, but for me, it took many hours more. I was very good at the actual exam; I love providing compassionate, hands-on care, and I’m great with details, assessing. It was a miracle that my poor shaky hands didn’t ever blur the photos which are always important in trials. Before leaving home to go there, I’d load-up on meds for pain & diarrhea. After the patient left me, I’d repeat super-Tylenol (nothing stronger at work) then very carefully, despite the pain & fatigue, package the evidence. I’d lie down awhile, then do the trial-important documentation. By then, my hands hurt, my hips hurt, it was hard to concentrate. I remember times calling my husband near tears, that I didn't know if I could drive home. He always offered to come get me, I never took him up on it; it was just comforting to be validated (but several times he came anyway, with food!). At home, I’d sleep 18hours only arousing for short periods, followed by another 2 days feeling like I had the flu. Another hardship for me is that my daily severe afternoon fatigue interferes with presenting testimony as an Expert Witness in court. After witnessing me falling apart at an afternoon meeting with prosecuters, defense attorneys and all recorded, the District Attorneys all know to plan on me testifying in mornings…. sooo embarrassing. When that utter fatigue starts up, I go from being an intelligent professional to like I have Altzheimer's! So, I offered to stay on the forensic team by continuing to train nurses new to the team as well as the crisis patient advocates, emergency room staff, and keep the our exam room supplies stocked from the crime lab, but was denied… the job required me to do exams too. I just knew I cannot do it anymore, even when my shoulder is healed, so I had to resign.
The third time, due to both chronic conditions, I lost a job I’d found a couple years ago when I could see that the forensic job was such a hardship on me. I actually resigned from that after 2 weeks of training. I thought I’d made it clear I only last for 3 hours without a rest, but the training itself was longer and near killing me. Then I saw myself on next month schedule for 5-8hour shifts when she assured me I would be given 3 hour shifts. That might have been a good job. It was as a phone triage nurse, to be done with a phone + computer, in my own home!
I also had a chance to work an answering service for a financial consulting firm, also in my own home, but they wanted me 11am-5pm. I offered to share it with another person who would love a very parttime job (I would’ve taken 11-2). Nope, can’t do it.
You might wonder why I can’t teach at a nursing school; I don’t have a higher degree-certification and I cannot take the classes with all my joint, fatigue,bowel problems. Even if I could figure out how to do them online, it would take me to age 70 to complete and besides teachers must practice in classrooms too and that means hours-long. Anyway, I’ve searched non-nursing short-hour, low pay jobs. I looked into being the person that greeting card companies send to stock the stores, you can choose your hours. But that requires lifting of the boxes. Darn.. I love cards! I do have another possibility for when my shoulder is healed, petsitting--small only, short visits with a vague time arrival ie mornings (so I can choose the hour when I wake up that day and see how I'm doing), and no taking on-walks, well at least not for awhile. I'll let you know if that works out, but even so, it'll bring in very little income. It appeals to me because I truly love animals(especially dogs!). They are therapy!
By the way, I am currently undergoing the whole mess of SS Disability (in US) so it anybody wants to hear about that, let me know. I can vent about that too... although unlike this one, you might find some usefulness in that story.
I need to get off this computer and go to bed... see you in a couple days. CathyM
All I can say is be careful if you want your job in today's work environment. Where I work I see all kinds of discrimination going on to let people go. The supervisors are not fighting for the rights of their staff because they are fearful for their own jobs and to make waves puts them into jeopardy. The marching orders come from HR. I try to keep my RA issues to myself. I rarely mention that I have as I am fearful of what would happen if it were known. And I drag my sorry butt into work everyday and am very, very pleasant to everyone. They don't let people go because of a disability or age or sex--they word it as "the job has been eliminated." I hate some of the stuff that I have seen go on in the past couple of months. Thanks. I am trying to be as careful as I can. Yes, I have thought of that too. I mean about being let go because my job had been eliminated when it was really because I had raised issues with my RA. I am not going to worry to much about that. I mean I do need and want to work but if I don't take care of my health as best I can then I won't be able to that for much longer either. It's kinda your darned if you do and your darned if you don't kinda thing I suppose. I am crossing my fingers that it will go okay and work accomadations can be made. I can already a slight change in my supervisors tone when she email me orhas talked to me. Her words might say one thing but her body language says something entirely different.
I think people (probably your supervisor is one of them) just think we are complaining or whining because we have a little pain now and then. They don't understand that RA is much more than that.
Keep us posted how thing are going for you at work.
[QUOTE=Flamingo]I think people (probably your supervisor is one of them) just think we are complaining or whining because we have a little pain now and then. They don't understand that RA is much more than that.
Absolutely raise your legs for the swelling. But you already know that by now.
thinking of you, CathyMarie
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