View Full Version : I need some advice
07-14-2009, 11:46 AM
I work for a financial institution and its a callcenter enviroment. I have fmla (family medical leave act of 1993) which is job protection for me if I get sick with my lupus Im not terminated. Well, right now Im having a semi- serious flare ( lupus nephritis, high blood pressure, water retention, etc.... Anyway, Ive been trying to still go to work. I do need a few accomodations however, like I need to elevate my feet and wear flip flops because my feet are so swollen its either barefooot or flip flop. I need to elevate my feet so that they dont hurt and keep swelling. So when I leave my feet down for too long they just get bigger and bigger. They are so swollen now that the capillaries are beginning to bust, so my ankles and the top of my foot has sores on it, from the skin being stretched. Ive gained a whopping 30lbs!!!!! Anyway my managers boss, came into my cube today and told me to put my feet down and I explained to him tha tmy manager said it was ok and that I had a note from the doctor, so then he says " well cant u put them up under your desk on a stool?" Um, No!" ,thats what Im thinking.... He's like why not? Im like your feet have to be leveled with your heart or above your heart, so then he has this dumb look on his face and then walked away. Well Im tired of them treating me like this, I dont want to go on a medical leave because Ill only get 60% of my pay and thats only enough to cover some of my bills.:hissyfit:
So I want them to work with me, but if they cant then they are forcing me to leave. What should I do???
07-14-2009, 11:53 AM
Oh such an ignorant man. Tomorrow you go to work head held high and you go to this mans office and close the door.Tell him,the company knows about my illness.If this means your feet are on a desk for health reasons so be it.So therefore if he continues to speak to you in this manner,you will contact the law service who will speak to him regarding health discrimination.
Walk out with a smile.Jumped up little Sh**. Just go online about health matters and work.Know your stuff.He's a bully.They can NOT discrimante against people with sickness....not in 2009.Let me know how you get on if you do do this.In fact,just wait n see what others say.
Goodluck n stand your ground or go to work in a wheelchair,see what he looks like then.My ankles are swollen,my lord,the pain.How dare he be so insensative! We are with you!
07-14-2009, 12:01 PM
FMLA....60%? Oh, that doesn't sound right, Chriss. You may want to check in on that...that sounds more like workers compensation ratio. You should receive full pay if you have sick leave on the books, up to 12 weeks per year employer allowing.. Otherwise it is zero pay..leave without pay.
The basics of FMLA...
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
Under certain conditions, employees or employers may choose to “substitute” (run concurrently) accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave. An employee’s ability to substitute accrued paid leave is determined by the terms and conditions of the employer’s normal leave policy.
07-14-2009, 12:05 PM
If he, they harass you..keep notes. Contact your EEOC...
Follow the yellow brick road...for Michigan ADA http://www.adagreatlakes.org/Publications/ADAPortal/
I'm not very knowledgeable when it comes to FMLA and Labor law. I would urge you to follow the link Oluwa left, and get in touch with the EEOC folks that handle Michigan and the Detroit area. Take notes of anything that comes across as non-accomodating or harassing. Apparently your manager's boss does not understand gravity. The higher you can get your feet, the better off you will be. Your legs should be at least at 90 degrees to your upper body-in otherwords your legs should be at least level with the floor, or higher. Your Dr., and the law are on your side. Stand your ground. You've done nothing wrong, and you didn't ask for this. And despite the pain, you are still at work, doing your job. That should count for something in my opinion.
07-14-2009, 01:28 PM
You are right Oluwa, my job is one of those jobs that run concurrent with vacation pay, and if its not a surgery they only pay 6o%.:hissyfit:
I had to go on leave 2 yrs ago bcuz of lupus and thats all they would pay me.
07-14-2009, 03:07 PM
I can completely understand where you are coming from I worked in a call center for the largest cell phone company. I had to use FMLA many times, once my problem was so bad that I would stand up every so often to help with the pain of sitting for long periods of time when one of my bosses came over and ask me why I kept standing up and rudely ask me to stay seated. I had a large letter from my dr tacked up in my cubby pointed to it and she blew up about it. then next thing I know she brings another manager over and they ask what the deal was and then ask why I had my medication on my desk, I explained they told me to remove everything off my desk and so
I did I removed the computer and everything.:shocked: I sat in the floor and then they were really mad about it so I left my cubby and went to HR about it.
needless to say I did not get any thing accomplished. My doctor had ask me to give the job up several times but I couldn't .
and so it goes here I sit jobless, there loss....
Sorry to here that the people at work are such jerks. I bet if it were them they would feel different. Don't take this sitting down,Throw your feet and call the labor board.
Someone should teach employers how to act when it comes to medical conditions.
Hope it gets better but if you need to use the FMLA please use it even though I know it can be hard.
07-14-2009, 04:20 PM
Setting aside the legalities for a moment, this is a call center, right? And the only people who can see that your feet are up on the desk are the other employees who are providing customer service on the telephone, right? I mean, the public is not coming in, and you did not mention that you have video connections with the callers, so surely this manager cannot be worried that a customer might come in and see an employee with his or her feet up on the desk, is he?
I suspect there is something else going on with this manager. It sounds like smack-down time to me. Sorry, I'm in a fighting mood today:)
Keep a private journal (at home) of these incidents. Dates, times, who said what, if you brought it to the attention of this person's manager, what happened after that. It may be important if you discuss the matter with the EEOC.
07-14-2009, 06:55 PM
I LOVE YOU GUYS OH MY GOD!!!!!!!! I have the biggest smile on my face, I cannot believe how supportive and even combative you guys are (jana) yeah!!!! (smackdown, I love it) . It really makes me feel good, that you guys understand and have my back, oh Im loving the love. I felt it a long time ago but now IM LOVING IT. Im really afraid to go over them though only because the economy is sooooooo bad in Michigan Im lucky I even have a job:yes:
So I dont want to push my luck and set myself up for Retaliation termination. Im defifnitely a fighter, but in being a fighter you gotta know what battle to pick. Im not letting this go, Im just gonna put it on ice for a second, That manager guy is just a tool, an ultimate tool!! And karma is a b$#@$!!!! He will get his.