FMLA

[AnnH]

My employer wants me to take FMLA every time I have as doctor’s office visit. My son also has ADHD and I will have to take leave for his visits. I do not want to disclose my condition but may face disciplinary action if I don’t. Are there any other options? Aren’t we (those of us with ADHD) protected under the Americans with Disabilities Act? Is this action a loophole employers have to make you disclose? Are there advocates who can help us in these situations?

[kelly]

Are you in the U.S.? I thought FMLA is for extended period of absence, like a long-term illness or maternity leave. It’s to protect workers from losing their jobs. I think it’s worth googling to see what the law actually states.

Specifically does he mean for you to take an unpaid day off? Do you have sick days or vacation days you can use up first? I’ve had employers who want you to “make up the time” missed for doctor’s visits, etc., but it’s nicer when they can just let you take the hour or two, especially if you’re salaried and you’ve already proven yourself to be a good worker.

As for the ADA, I think it’s there to protect people with disabilities from discrimination, not to help employers figure out who on their payroll has disorders. Even if someone has a disability, though, that doesn’t mean they’re exempt from their employer’s policies. Good luck!

[jawalsh]

Hi! I work in employment law and deal with this very often. There is something called “intermittent FMLA”, which would protect you (if you qualify) for those doctors notes. You do not need to release the condition to your employer, you just need to provide notes excusing you from work from the doctor, and that you can return with no restrictions following those appointments. There are parameters around how much time you get when using intermittent FMLA, which, I don’t have in front of me- so I suggest you doing that research as well. My suggestion- give as much notice as possible for any appointments, and ALWAYS have a doctors note. ADA can help cover you, but FMLA is a better route to start with. I hope this helps! I’ll keep checking in to see if you have any follow up questions that I might be able to get you some info on 🙂

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