Community Forum

Ive was diagnosed with Crohns at the age of 12, since re-diagnosed with UC and now 28 years old.  For the past month Ive been facing the most challenging relapse since my initial diagnosis, and it is the first time Ive had to really face this as an adult...Ive had flare-ups over the years, but Im now out on short term disability and my mobility is severely limited.  Two summers ago I was out of work for a month with mono and meningitis, and now Ive been out again for the past month with my recent flare-up.  Its starting to get under control with prednisone, but I cant stray too far from my bathroom or walk too far from my house without getting completely exhausted.  Since I live and work in NYC this is a huge problem- not a single subway in my area is equipped with an elevator or escalator, and I have about a half an hour of walking to and from work when I do eventually go back.  Now I work for a scientific journal, and one of our sister publications does a lot of research on IBD.  When I began my job I disclosed to HR and my bosses that I have IBD.  I also have short term disability insurance which comes out of my paycheck. And yet I am incredibly concerned that my job may find a way to fire me for taking too much sick leave.  Does any one know if that would be legal?  I really want to be able to take care of myself and utilize my sick leave, and I really dont want to push myself too fast and re-relapse.  If anyone knows about employment and disability law Id love to know more.
Thank you!

 Reply posted for cbyrnes.

thanks for your advice!  I just started going back to work this week by taking half-days out of my vacation time.  Everyone's been really understanding and accommodating (and I was approved for FMLA to boot) so so far, so good. 

 Reply posted for j9fleri.

The first thing you need to do is consult an attorney familiar with New York law. Although I can give you some general principles, they may not be applicable to your specific case, and you shouldn't act on anything I say here. Speak to an attorney in your area.

There are different types of federal protections. The FMLA allows you to take up to 12 weeks per year of unpaid leave IF your company is covered and IF you qualify under the FMLA.

In addition, you likely qualify as having a disability under the Americans with Disabilities Act ("ADA"). The ADA requires that reasonable accommodations be made for individuals with disabilities. Such reasonable accommodations may include time off. Employers are required to engage in a timely, good faith interactive process to find a reasonable accommodation once they become aware of a disability in their employee.

NY likely has its own laws as well, and may offer better or different protections. Again, it's important that you speak to an attorney in your area and not rely on anything I've said here.

I practice in California, and unfortunately, your concerns for your job are well-justified. Employers find all sorts of reasons for firing someone whom they don't want to accommodate. I litigate these cases all the time. I'm good at demonstrating when an employer is lying, but obviously, you'd rather have a job than a lawsuit.

I'm not a career counselor, but you are probably well-advised to be as up-front with your employer as possible. Hopefully, they will act legally as well as sympathetically, and find a way for you to do your job that works for everyone.

Good luck,
Craig Byrnes
cbyrnes_esq@yahoo.com

 Reply posted for j9fleri.

When I took FMLA I used my sick time allotment during my FMLA. Had I not had any sick time on the books I would have had to take unpaid leave. I'm pretty sure that you can take your disability in conjunction with FMLA. The FMLA is provided to keep your employer from taking any action against you for being sick. See if you can talk to someone at the government level to assist you and answer questions. FMLA should not interfere with your sick leave or disability usage.

                                                       Joe

 Reply posted for hillslife.

first of all, i'm an idiot and hit "report abuse" instead of "reply" but i don't think it went through- please let me know if you get anything like a complaint and i can clear it up!  thanks for your reply, and sorry to hear about your own troubles.  i talked to my boss today and am going to try to be back to work by next week- i think it *** my boss off that i tell her i need chunks of time at a once (i.e. "it'll be another week" as opposed to "maybe tomorrow...") but what can i say- i know my body and i know my physical limitations.  i just hope they don't find a way to bite me in the butt!

 Reply posted for Joe.

thanks Joe- my company sent me an application for FMLA, but my interpretation of it was that it offered an unpaid leave with job protection for up to 12 weeks beyond my normal short term disability coverage- I don't plan to take that kind of leave so I didn't apply for it.  Have I misunderstood what FMLA is?  I'm more concerned that they'll find some other excuse (like "oh we found this mistake and have to let you go") as a way of skirting the issue of my sick time (I know someone who's father was fired after taking a month off post heart-attack...lawsuit pending...) I hope I'm just being paranoid, but I feel like certain higher ups at my office think I'm milking how much time I need, especially when I had another month-long sick leave two years ago.  It's really frustrating because they're supposed to be research scientists who get this stuff, but I get the distinct impression they're irked by my need for sick time (which I don't think they can do anything about because the company policy offers unlimited sick days)

 Reply posted for j9fleri.

You don't mention whether you have ever been out on FLMA (Family Medical Leave Act). I believe that you can take up to 3 months a year from work on FLMA. Please look into it. Your company cannot retaliate for you missing work for being sick if you are on FMLA. It is a federal mandated program for sick people who work.

                                                     Joe 

 Reply posted for j9fleri.

Sorry to hear about your increasing problems.  I am not an attorney, but dont think they can fire you for using your sick time for a documented illness - especially if you have a doctors note.

I have been suffering with UC for over 10 years and was forced to retire from my nursing job last year due to increasing symptoms.  I was advised by a co-worker to apply for a disability retirement and after doing all the paperwork; 2nd opinion doctor, etc. it was granted.   So even though I am now retired, at least I am receiving a benefit monthly.   Really helps to reduce the stress knowing you can pay your bills.

Good luck - I know personally how frustrating and humiliating this disease is - especially at work.