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Leave Of Absence Through Ada?


dizzyblonde
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Hi all, I've been struggling for the past year or so to try to hang on to my job while dealing with POTS. Unfortunately I've used up my available FMLA, and I haven't been able to get any additional leave granted. It was suggested by my human resources department that I speak to someone about ADA accommodations, so I did that and have requested an extension of my leave of absence.

I'm just wondering if anyone has gone this route themselves or knows if this sort of thing is possible? I searched the forum and saw that a lot of people have taken leaves of absence, but I don't know if those were all through FMLA, ADA, or other methods. I'm certainly not trying to 'take advantage' of ADA or ask for something that I'm not entitled to... some days I'm decent and can move around, but most days it would be impossible for me to work. I'd tried doing a part-time schedule as well, but that was too much for me at the time. I've submitted the initial ADA paperwork today, and I'm getting additional forms sent to me today, including some that my doctor will fill out. I'm also worried that my doctor won't understand the extent to which I've been affected and will question my request because I don't "look" sick.

The HR person I've spoken with has been very nice, but she can't really tell me at this point if there's fair chance of this going through or not. I guess I'd just like to know if I'm wasting my time with this request or not.

Anyway, sorry, I think this is 2/3 of me venting and 1/3 just asking for input from everyone. :)

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I have no experience with ADA, but just wanted to say good luck. I went on a temporary leave of absence from work when my illness became too much with the hopes that it would just get better with rest. Weeks passed, realized it wasn't getting any better and then applied for long term disability through my company (which I had been paying for out of every paycheck) and was denied! That was a blow. Since I didn't know what I had, I couldn't apply for SSDI. Out of options. Hope you're approved for more time, but If not, do you have LTD benefits? Let us know what happens. Here's a little info (you may already know this stuff) -

http://www.varnumlaw.com/publications/leave-of-absence-under-the-ada-how-much-is-enough/

http://www.ohioemployerlawblog.com/2007/11/ada-may-required-leaves-of-absence.html

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Im not sure what ADA even is..... (sorry bout that)..... but i just wanted to say that while i was going to school for pharmacy and while working as a pharmacy tech at cvs ..... as i was worsening over the last year and half.... i had to take 3 different leaves of absence from work as well as I had to withdraw from 2 different semesters and another semester I had to ask all professors for an extension to finish my school work and some tests where i had been so sick..... I knew i was getting worse....

Good luck on the ADA.... i sure do hope some others can give some insight :)

tennille

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When I was working we had FMLA (family medical leave act) that also applied to individuals. Can probably download form from government website, but I got from HRC (they probably are mandated to carry). To make things simplist for my PCP, I would fill it out and just have her review it and if concurred, sighned and dated it. The FMLA was good for 1 year but had to be re-initiated each year. That being said, if you did not have enough sick time banked, you would only receive payment for those hours in your sick bank. You could still be on FMLA but you wouldn't receive any pay if you had no sick time. In my case, even tho I had tons of sick days accumulated (working 25 years), I could not keep up with 50-60 hours week in high stress/physically demanding on-call 24/7 job after significant trauma when I was hit by a car. Since my employer could not enable be to go to part time under FMLA--as the salaried job had to have a full time abled body, I was forced into early disability retirement (that my employer supported so it went through quickly and smoothly).

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Naomi,

I can't believe you were denied for Long Term Disability. Did you also have short term? I had an easier time getting the Long Term than the short term. It was quite ridiculous. I am still convinced they ended up approving so quickly because I was hospitalized at the time. And I had to write a "list" of all the things I couldn't do anymore. Once my short term was up after 12 weeks I was in the hospital again and they approved me easily. I still have to send in updates all the time. I sent an update while I was at Mayo with access to all my records ad a signed auth for them to get access to them. But they have me no problems. The ONLY thing that was a bit shocking to me I wasnt used to this, had never done anything like this before, they said I HAD to apply for Social Security Security in order to continue getting my benefits. They estimate how much I will get for SSI and will deduct that amount from my monthly check unless I get rejected. They seem positive I will get it right away... but I am not sure. The ONLY thing that is helpful with that is that I have an attorney at my disposal in case I do get denied.

I think the reason I think I got approved quickly is because I had received several concussions and I have 6 concussions and congnitive dysfunction on my testing. But it should not take THAT level of disabling content to qualify to LTD! Esecially a policy you pay for and you ARE disabled. Did you see one of their doctors or did they go clearly by your records? I am sure there is an appeal process and I think I would have your doctor write a detailed statement about WHY you can't work. So many doctors, especially doctors who spend most of their time deciphering maternity paperwork for LDT, have no understanding and because they don;t understand what Dysautomia entails they deny first clearly depeding that you will let it go or NOT appeal. I am sure if you do they will reconsider. They just probably don't even know what it means and how it can be disability.

GOOD LUCK and don't just let this go!!! This is one of the ways that they get away with this ridiculous behavior but they should not get away with it. You could even print out a lot of into from the Dinet.org website to how them how disabling it is. I am so sorry. Please let me know if you need any help. I JUST dealt with this a month or ago. If you don't mind me asking, who is your LDT company????

Thanks!!

Jen

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Jen,

This was in 2001. I had no diagnosis at the time, just a bunch of symptoms - I wasn't diagnosed until 2007! It was just hard to prove there was anything wrong and once I was denied, I didn't have it in me physically or emotionally to fight the system. LTD was through The Hartford. I contacted Social Security a few years ago and was told I was too late. Then I contacted an attorney and he said forget it. BUT after Hillbiiligirl was approved, it got me thinking and I did a little research. I found out that if I can prove I was disabled at the time I was still eligible (ended 2006) I may still be able to get SSDI. I think I can prove it because I have medical records showing I had these symptoms at that time. The SS lady who interviewed me told me I was given bad info and should have applied before. !!! Anyway, I applied last week - we'll see what happens.

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