Posted by Dave W on June 11, 1999 at 12:38:03:
In Reply to: Re: pain isn't enough posted by Barbara D. on June 11, 1999 at 09:34:03:
Barbara & Rick,
I don't think there is any real relief in this particular situation unless you (Rick) work for a company that employs more than 100 people. If you still work there, but only got a bad review, then ADA (which is broad and vague) doesn't really help. It forces people to employ us in spite of our chronic problem, and even to accommodate us, but it doesn't force companies to rate us or pay us the same as others when we can't produce as much. It's sort of an economic limit.
However, if your company is large (50+ employees) then the Family Medical Leave Act grants you up to 60 full days off because of illness with NO adverse employment effect. I was taught by the HR attorneys that the company really can't even mention your absences when discussing performance. They CAN demand reasonable documentation from a physician, and they DON'T have to pay you for the time off, though.
Talk to an attorney with some emplyment law experience. Your state may even have more beneficial laws than the Federal ones.
Best of luck,
Lots of love,
Pain Free Days!!!!
Dave