medical/work question

[julluvsdisney]

Your supervisor shouldn't twist the facts but absolutely should have gone to HR. If she had known that you had a medical condition and she didn't report it to HR, and you passed out and got hurt at work, the company is open to liability. Going to HR is a smart CYA for the supervisor and the company. Another reason why you should never share personal information with co-workers or supervisors that you want to stay private.

Jill in CO

I didnt care if HR knew. HR was told by myself, and my supervisor was told when I was diagnosed. My issue is the fact that the information was twisted and even when it was corrected I am stuck taking time off waiting for a docs note. Doesnt make sense and doesnt seem fair.

 

[Sadie22]

Jul, the regulations exist because this can be a dangerous situation. You have not been treated improperly by your employer. It doesn't matter where the previous syncope occurred. It's that it could happen again at work and endanger someone or you. Your employer is acting properly to request certification from a doctor that with the treatment you are receiving, this will not happen again. You may even be in violation of some company regulations by not having previously divulged that you are subject to this condition and by not having provided the certification from your physician.

 

[disfan07]

Jul, the regulations exist because this can be a dangerous situation. You have not been treated improperly by your employer. It doesn't matter where the previous syncope occurred. It's that it could happen again at work and endanger someone or you. Your employer is acting properly to request certification from a doctor that with the treatment you are receiving, this will not happen again. You may even be in violation of some company regulations by not having previously divulged that you are subject to this condition and by not having provided the certification from your physician.

Thats exactly what I was thinking. I don't think her employer is in the wrong here. What make syou think that just because its never happend at work means that it never will? You never know when it is going to happen. You don't even fuly know what causes it so how can you be sure it wont happen at work? I have asthma....I've been working at preschool camps and daycares for years and have never been restricted in my activities becasue of it. However, I still have to get medical clearance before I can start my job. I've never had an asthma attack at work but that doesn't mean it will never happen. Personally, IMO, this is being handled properly. I don't see the issue.

 

[Cruise]

See the post about people who sue everyone under the sun.....

I'm not saying you would ever do that - please don't take it that way. But your employer is trying to cover their own butt. If someone were to pass out, fall, and hit their head on the side of a desk, that person could try to sue their employer. If the employer knew - even unofficially - about a condition that may or may not cause this to happen at work, they could be found liable. The note from your doctor goes toward your employer removing their liability in case something were to happen at work. They can point to the note and say "Hey, we were told she was fine to work and this wouldn't happen."

 

[julluvsdisney]

I think people are mis-understanding where I am coming from. I have no issue with them letting HR know that I had a medical issue. And no Im not looking to sue! My question was can they ban me from work and the answer is actually NO. I took someones advice froom page one and contacted the ADA and they told me the ONLY thing they can do it require me to work with someone which I always do. They also said that I can file a complaint for them banning me from work. I also contacted the FMLA and was told that the medical director shouldnt have been contacted with out my knowledge because he is not a supervisor. So I thank you to that person who suggested I look into my rights under the ADA. So I guess that answers my question.

 

[5 at disney]

Glad you got an answer. However, I would caution you as to how you use this information. The ADA got one side of the story, yours. If you decide to pursue this, then be aware that a full investigation will be done. You may suffer some consequences from this. Is this legal, no but it does happen. Again, not trying to tell you that you are wrong but I can tell you that HR does and will send people home if it is "considered" safety risk. It may not end well.

 

[Arielle22]

I am surprised the ADA would tell you this. Working with someone else would be an accomodation. Before a company can decide on an accomodation they should enter into an interactive process with you. The first step in an interactive process is to get medical documentation from the employee's doctor. Since this is what they are trying to do they are following ADA guidelines. No company is required to allow a worker to work when the employee may be a danger to themselves or others and the company hasn't made a determination on an accomodation.

FMLA is a law that covers leave from work for covered employees. The law has nothing to do with who makes decisions at a company or who is involved with the decision making. So I am confused as to how that department has any say over who is involved in the decision making at a private company. Were you offered FML from your company?

I agree with the poster who said to tread lightly. Very few people are automatically covered under the ADA. Even if you are deemed to be covered (which it doesn't sound like you are), any complaints filed with them are a long and time consuming process, some taking years.