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Any HR people or Labor Attorney's out there in FS land? Just looking for feedback at the BS my HR person handed me yesterday about why I had to be back at corporate.
First and foremost I have a letter from my Doctor recommending "in his medical opinion" that I be allowed to continue working from home, given my condition.
I requested to be allowed to transition back in when my boss informed me that I HAD to be at corporate full time on 7/1, or take medical leave. She had a cow, but later agreed to it for ONLY these first 2 weeks of July, so I will get to WFH tomorrow, and then next week on the 14th & 15th.
Yesterday I requested FMLA paperwork from HR, since I don't know how much longer I'm willing to put my life, and the lives of others in danger, so I can "drive" over here and do something I have efficiently, been doing from home for the past 15 months. When she came into my office to discuss WHY I wanted the paperwork, and how long was I planning to taking off, I pointed out that I have no PTO time built up, because I'm always using it for DOCTOR'S APPOINTMENTS. That my Doctor's office is trying to help me file for Disability and wanted me to send them the paperwork. OUR ISSUE IS HOW CAN I FILE FOR DISABILITY, WHEN I'M FULLY CAPABLE OF DOING MY JOB!?!?
She tells me that it would have to be an option made available to all employees if they made and exception for me to continue to WFH. BS!!! It's a medical accommodation, I'm not stupid, and I realize there are people here at the office that have been bitching and moaning about "not being able to work from home" since last March. Unfortunately for them, their positions require that they be here, and don't have the ability to spend all of their time working behind a computer screen.
I'm just frustrated, and concerned about what my rights are. What happens if I'm in an accident on my way to or from work? Is corporate liable, since I'm being required to be here against medical advice? If my situation gets progressively worse and I do become wheelchair bound, are they going to suddenly make this office handicapped friendly? Right now someone would have to open the front door in order for a wheelchair bound person to enter. I have to fight with it while I'm on my walker, but can still maneuver.
Thanks for letting me vent, but I have to go make nice with them for the next hour in the conference room.
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108,1 kg
Perdidos até agora: 26,6 kg.
Ainda faltam: 33,3 kg.
Dieta seguida: Razoavelmente Bem.
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2030 kcal
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Gord: 85,45g | Prot: 62,68g | Carbs: 251,99g.
Café da Manhã: The Coffee Bean Iced White Chocolate Latte with Almond Coconut Milk, Trader Joe's Raw Brazil Nuts, Vita5nutrition Btotal B-Complex with Extra B12. Almoço: Panera Bread Kettle-Cooked Potato Chips, Panera Bread Tuna Salad Sandwich (Half), Panera Bread 10 Vegetable Soup. Jantar: Salad and Go Cucumber Mint Lemonade, Salad and Go Shrimp, Salad and Go Jalapeno Ranch, Salad and Go Jalapeno Ranch Dressing. Lanches/Outros: Albanese Gummi Bears, Smartfood White Cheddar Cheese Popcorn (Package). mais...
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Perdendo 9,5 kg por Semana
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 Comentários
Not a lawyer, but a couple of things flagged me during your post. This applies if you live in the US:
1) If you have any sort of disability, and your workplace cannot accommodate it, then they are legally required to fix it or put measures into place to do so. So, if you want, you can make a stink about the door being inaccessible to wheelchairs.
2) You need to get your doctor to change the wording on your letter. A “strong recommendation” can be declined or ignored. He needs to state that due to your condition, you are currently unable to commute to, or work at, the office. It needs to state it is a FACT, but be vague about your condition that requires it, due to HIPPA, and also so they can’t try to refute it based on a specific illness/condition.
3) While your work place can’t fire you for FMLA or a disability relayed reason, they can still come up with other reasons to terminate you. Tread lightly.
4) Data is your best friend. Give them productivity data for before and during quarantine, hopefully presenting increased numbers during quarantine. If it isn’t beneficial for them, they won’t agree to it. Show PTO, sales numbers, or whatever it is to show that it is not only good for YOU, but good for THEM for WfH.
5) Maybe send around a petition? If this is a systemic issue, and people are trying to get WfH, try to overwhelm HR with employees advocating for WfH. It may not work, but enough voices may do the trick.
6) Long term, prepare for a lawyer. Set some money aside, you may need it.
Hope that helps!
07 jul 21 por membro: FocacciaBread
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07 jul 21 por membro: ridemariel
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Not a lawyer, but under the ADA they need to make reasonable accommodations for your needs. If you can work from home, I would argue that's a reasonable accommodation. It doesn't matter whether other employees will complain. If they aren't disabled, they don't need reasonable accommodations. I would recommend that you find a lawyer who practices in the area of the ADA and make an appointment for a free consultation to see if I'm right.
07 jul 21 por membro: liz-andra
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The 1990 Americans with Disabilities Act applies to people who are disabled but still capable of doing their work. I used to be in HR, but its been a long time. They have to give you reasonable accommodations, and if you can perform your job from home that sounds reasonable to me, but I'm no expert. I suggest you consult someone who is. It seems like you are not being treated fairly.
08 jul 21 por membro: shirfleur 1
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