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Need advice

Posted: Mar 17, 2017

Need some advice.

Here's what happened (by the way, I'm a 25-year MT veteran, which is why I'm posting here).

I was unwell at work about 3 weeks ago, and it was determined that I should be admitted. Treatment lasted 8 days, and I feel great now! My doctor said I should apply for FMLA (famliy medical leave) since I took off more time than my employer's policy allows and may have further absences in the future. My doctor completed the form and signed off on it. He also stipulated that the illness was very serious indeed, and that I would require 2 additional weeks off post-discharge.

I do my job well; however, my company is small, and I suspect that most employees are aware of my admission. So...let's assume that everybody DOES know. Do I care? Probably not...I'm retirement age and couldn't care less if someone thinks badly of me...but there will still be ramifications. Any ideas?

;

FMLA - leave

[ In Reply To ..]
I think you should contact the Dept. of Labor in your state for advice. You can talk to them about it over the phone too ...

Don't think you can be denied...sm - Anon

[ In Reply To ..]
FMLA if that's what the doctor recommended and you've filled out and submitted the appropriate paperwork. You should read up on it but I wouldn't bring printouts with you. I think you are jumping the gun about this being an adversarial meeting with the HR Director. It's my understanding that with FMLA, the hospital must hold your job for a certain amount of time. If I were you, I'd take whatever time the doctor thinks you need to fully recover. I also think you should speak to the HR Director about making sure your medical records from the ER are not accessed by anyone not authorized to look at them. There should be an audit trail in the EMR about who looks at it, and I would tell her that you'd like to be notified if anyone does look at it and that that person or persons should be disciplined. Better still ask that you be allowed to see the audit trail as that's what your lawyer said you should do. Doesn't matter if you really don't have a lawyer, how are they to know.

from OP - re: your observations

[ In Reply To ..]
Thanks for your input.

I shouldn't jump the gun.

I imagine that a LOT of employees at my company are aware of my admission and the nature of it as well. For instance, a long-term employee recently suffered a very sudden and life-threatening illness, and a lot of employees had more information about it than would generally be known. BTW, she survived...we were all surprised and grateful.

I appreciate your response and will post the meeting results in case anyone is interested!

I'm glad my thoughts were...SM - Anon

[ In Reply To ..]
helpful and validated by your brother. Regarding unauthorized people viewing your med rec, when I was in-house as an MT working in the Medical Records Department, our director took sick and was hospitalized for a few days. One of the clerks in the department peaked at her record in the EMR and was immediately fired because she showed up in the audit trail. We MTs had broader access though because we needed to look up past reports on patients and other similar reports by certain dictators to clarify terminology, etc., but this was within the scope of our job. Even if we wanted to look at our own record to see results of blood work or an x-ray, we had to fill out a permission form and have the director sign it before we could go in and look. Another way information gets around in the hospital setting is by "loose lips." We all observed (heard) hospital personnel in elevators and in the cafeteria and hallways talking about patients. Although they didn't name names, it shouldn't be happening. Once or twice I even casually mentioned it to some of them that they wouldn't know if a relative or friend of the patient was nearby and could identify who they were talking about. Of course, they didn't like being reminded of that one bit; but hey, they needed to be reminded.

Just one small addition...sm - Anon

[ In Reply To ..]
to my post above, I also have had bipolar disorder (primarily the depressive-type)for 30 years, which is controlled with meds. I, too, have also always worked and not let it be a crutch and never considered myself disabled. One day at work our transcription clerk was raving about how she hated people with bipolar disorder. I don't know what her reasoning was, but I think she might have known someone who maybe wasn't controlled. It is unbelievable that there is still this kind of bias around. Well anyway, she went on to state that she'd never work with anyone who had bipolar disorder. I just smiled and thought "if she only knew." I didn't say anything to the director at that point; but if she had continued to repeat her bias, I might have at some point if it became a problem.

"if she only knew..." - ROFL

[ In Reply To ..]
So funny about your co-worker never wanting to work with people with BD. LOL I don't want to work with BD people either!!

I hope that my job will be protected, although the stress is likely to do me in anyway.

Stress...sm - Anon

[ In Reply To ..]
Stress was my main triggering factor too, although I've had only 2 serious manic episodes that required hospitalization brought on by it over 30 years' time. I've had some mini-manic episodes, which I learned to identify early and take steps to mitigate. The rest of the time, there has always been low-level depression easily controlled with antidepressants. I've felt wonderful (in a normal sort of way) for the last 15 years with a great diet, regular exercise, and avoidance of a lot of stress I'm approaching 70, and they say that the symptoms of BD do seem to lessen with age and I find that to be true. I'm glad you seems to have gotten a handle on what you need to do and acceptance of BD will go a long way to that end. As far as privacy issues with your medical record, whether or not it is a small hospital or not, they need to abide by HIPAA rules. All hospitals must have a HIPAA privacy officer to oversee things. Try to find out who that is and see if you can have a private meeting with him/her to voice your concerns if you think your records might be viewed by anyone not authorized to do so. Best of luck to you, and I hope you find a situation/job that's right for you.

I didn't think coworker's attitude...sm - Anon

[ In Reply To ..]
was funny. You actually admitted that you didn't treat your illness seriously and didn't adhere to your treatment very well. Working with someone like that would most likely be a problem. Over the years, I also took advantage of counseling to deal with behavior issues that might have been a result of BD, and that helped immensely with coming to grips with the fact that it is an illness and nothing to be ashamed about. That, along with the proper med regimen allowed me to stay on an even keel most of the time. Maybe some counseling would be helpful for you, too, to help you deal.

Pls accept my apology - Result of meeting

[ In Reply To ..]
I don't know what's wrong with me. My response was completely inappropriate. You offered support, and I laughed. Try to bear in mind that I'm on 8 meds and a complicated regimen now and am shaking like a leaf...I don't seem to be in control of my fingers OR my voice (though I'm still accountable, of course). The hospital has arranged for extensive followup counseling as well as MD coverage, so I expect to calm down as soon as I adjust. Truthfully, I'm a trainwreck right now.

You're justified in using my very own words to describe my attitude. As a creative person, I kind of felt that bipolar came with the territory; however, this is now much bigger than I can even embrace. I was NOT prepared. A LOT of caregivers are cavalier about it as well, which you may have discovered for yourself. I see occasional eye rolling over BD and am always afraid that it's not taken seriously.

If the truth were known, it's possible that most of us have said we didn't like working around "______" people, when those to whom we said it were suffering that exact ailment. Best not to ever criticize at all, I think.

RESULT OF MEETING:

For those who are interested, I went to HR this morning as scheduled. The HR director sat down and said, "Okay." I said, "Okay." "Hmmmm," she said. "Hmmmm," I replied. "So, what did you want to see me about?" "I thought YOU requested a meeting with ME!" "Ahhh no. I thought YOU wanted to meet with ME!" Ouch. I showered and dressed up for THIS? So I grinned and said, "See ya. I'll be back to work on 3/28." "We look forward to it," she replied.

Geesh. For all my worrying, it was a mere misunderstanding. I'll bet she didn't lose a wink of sleep.

So glad to hear - the meeting

[ In Reply To ..]
was anticlimactic (though sorry you had to experience the worry that comes with anticipating the worst).

Also glad to hear your employer is offering compassion and support.

Put this behind you and focus on getting better.

Ready in advance - My experience

[ In Reply To ..]
My suggestion is to wait and see what the meeting is about. If you have documentation from a health care professional that you need time off for your health, physical or mental, under the law you cannot be terminated. The only thing is that you probably should have filled out the FMLA paperwork first and made sure it was okay with your employer. I went through this a year ago when I had knee surgery and was going to be out for several weeks. By law, the request has to be presented and approved 15 days in advance, I had to do mine as soon as I got home from the hospital and after I got back to work had to fill out time sheets, certification letters from my doctors, etc. Your employer has the right to check in while you are out to see how you are doing but they can't make you return until you have approval from your doctor. I work on site and they were thinking about setting me up to work at home but I got clearance to go back half days and gradually increased my hours back to full time. I made up the time I missed for appointments when I could by going in early. It's unpaid leave unless you can tap your PTO account. After the meeting depending on what you find out the DOL in your state would be a good first step for advice and make sure that you keep very thorough records. Good luck, I hope the meeting is positive.

Generous separation package - Feedback

[ In Reply To ..]
I might be misinterpreting what you say, but it sounds as if you might have a hidden agenda in regard to negotiating a separation package for not raising a stink. If you plan to quit anyway, just do so, it doesn't sound like you care if you have a job and would be financially solvent without it. I have to say that your employer probably knows the law much better than you do, I would advise a non-confrontational approach. Find out what they want first before you go in there with guns blazing, paperwork and attorney in tow.

feedback - from OP

[ In Reply To ..]
Oh...I understand what you're saying...but no, no hidden agenda. I really just want to keep the job!

More feedback - Generous separation package

[ In Reply To ..]
My interpretation of what you have said sounds as if you are anticipating some kind of confrontation, why would you not leave quietly? You would probably have the standard separation package with no additional compensation, they would probably pay you for your unused PTO balance and you would get your 401K money but I am positive that you will not receive anything above and beyond. Employers generally don't pay people off when they leave, going quietly is expected, and which matter are you planning to pursue further? It sounds as if you are daring them to fire you while you are under FMLA protection. My experience with HR is that you play by the rules or they will fire you or harass you until you can't take it any more and quit and they don't respond well to threats. My advice is still to remain non-confrontational, drop the separation package rhetoric, go if you want or stay and play on the team if you really want to work. If they value you as a person they will do what they can to retain you. People don't get fired for a dress code violation without a warning and effort by the employee to correct the problem. If people were terminated in anticipation of possible future absences we'd all be out on the street. I don't know if we are hearing the entire story from you.

Goodness gracious - huh?

[ In Reply To ..]
So sorry to have caused such a reaction! Really, my thoughts are just a product of my fear! I tend to attempt to think 10 steps ahead, certainly unnecessarily and unrealistically.

Please chill!

I edited out most of my posts because I'm so embarrassed! The responses (thank you!) may not make much sense in this context. If the responders entered an "edit" password, please completely delete or edit your responses to your posts as desired. I've taken your full advice to heart and am grateful for your input.

I am sorry - More feedback

[ In Reply To ..]
I apologize for overreacting but I would need to ask the moderator to remove my posts and I see no need for censorship in this scenario.

I hope you find that your meeting is much ado about nothing. Most of the situations you outline as possible outcomes and reasons for termination would be illegal under FMLA law, so try not to worry! I would be curious to know what happens. Have a good day, I hope it goes well.

No problem! - Thanks so much

[ In Reply To ..]
I summarized the meeting result under the posting entitled, "Pls accept my apology..." Geesh. I waste so much time worrying that I forget to live in the present. I hope you read it!

Thanks again! :)

FMLA - from OP

[ In Reply To ..]
OK, FMLA has been approved; the letter from DOL arrived yesterday. I'm surprised at how quickly they acted.

I shouldn't try to anticipate why the meeting has been called; it's just my nature, I guess.

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