I’m a PP who suggested OP go on LTD. I’ve had a debilitating autoimmune disease for 25 years, so yes I understand chronic illness. I’ve had sepsis…twice! And cancer! And MRSA! And I have several artificial joints. So yes, I get it. And I know how draining commuting can be (and don’t get me started on business travel). And I believe OP: she is sick and cannot commute to the office because of her illness. The thing is, OP’s job, as her boss sees it, requires her to be in the office several days a week. Is this a dumb requirement? Sure. But a lot of job requirements are dumb. OP can’t fulfill the in-office part of her job, due to her illness. This is exactly what long term disability insurance is for—to protect her income if she can’t do her job due to extended illness. Which it sounds like she can’t, because part of her job is being in the office, which OP can’t do. I’ve been there: commuting (and travel) was exhausting to the point of illness. But it was also part of my job. And sure, during covid I could do things remotely, but people want to meet in person now. And conferences aren’t really virtual anymore. I had to accept that my job was no longer the job for me. But until I found a replacement job, I either had to do the existing job—commuting, travel and all—or go out on disability because I was too sick to do my job. Long term disability is not the same as social security disability. Yes, SS is difficult to access. Employer-based LTD is much easier: you have to prove you can’t do YOUR job (instead of SS, where you have to prove you can’t do ANY job). If OP’s employer is going to say HER job requires being in office, and she can’t be in office, she qualifies. And if she doesn’t, that’s a pretty valuable thing to take back to her employer in her telework appeal. So OP, have your doctor fill out the LTD paperwork and take the insurance money. Get better, or at least get stable, and start looking for a job you can do. Because once they fire you, you no longer have access to that benefit. And yes, you could try to sue under ADA, but you would need to pay a lawyer, and this case doesn’t seem as cut and dry as some want it to be. |
She’s the one that decided to post about it online. It seems weird to draw the line at naming the disease. |
She has to have LTD insurance for this to be a possibility. So far we haven't heard that she does. |
Girl, ain't that the truth. So many of them here acting like they know about the law they don't know about, too. |
Op here. I do have LTD insurance, but it doesn’t kick in and I can’t even apply for it until I’ve exhausted my STD, which I think lasts for 6 months. I’m only in my 30s and holding out that I am actually going to be better before it comes to any of that. |
I think this might have been a reference to me. So I should be clear- I am not in favor of major increases in onsite requirements. I am also someone who understands reasonable accommodation law. It doesn't work like this: "I have a qualifying medical condition, therefore I get to work from home." I think we all agree that one couldn't say "I am blind, therefore I get to work from home" or "I don't have the use of my legs, so I get to work from home." There needs to be a limitation on getting the work done that is caused by that medical condition that can be relieved by working from home (and not as relieved by other accommodations) OP may or may not be able to establish those things. But so far, she hasn't. |
This is a great post. It's just really sad that it comes down to this, though, isn't it? OP is probably a great contributor, SME, institutional knowledge. And we can't figure out how to make these things work. Mostly because of uncreative and rigid execs. Horrible "what about me" coworkers and just capitalism in general. Sheesh. |
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To be honest this women is an Egyptian swimmer as she in in DeNile.
Look it they fire you STD and LTD is off the table you are screwed. Milk STD go on LTD then get better. Seen this before. My old boss with full blown AIDS refused to stay home and ended up work slipping so bad fired. He could have just done STD and LTD. He ended up getting better when new drugs came out but financially ruined |
That is exactly what she is describing. And no, my post was not a reference to you—it was to people upthread effectively saying “your boss wants RTO and that’s the end.” |
DP. She’s roughly described why she thinks WFH would accommodate her disability, but has not described why other accommodations would not be sufficient. At most she’s described why she doesn’t like them and that it would be more comfortable and convenient to work from bome. She also hasn't demonstrated that WFH is a reasonable accommodation. The fact she's worked from home while others were also working from home does not mean she can continue to be effective when others return to the office. And that, of course, presumes she's even been effective at her job. If she was, her employer would likely be more interested in incentivizing her to stay. She acknowledges that her employer wants to be rid of her, which implies she hasn't been effective at her job. |
She hasn’t argued it clearly here, but given what we know about the impact of sepsis on the body, we, here can be pretty sure that her WFH is in fact needed and that other accommodations would not be sufficient. See previous about the amount of energy it takes to commute. Maybe others here work in the offices where RTO means you all return to one place and meet F2F all day. OP has said she is in a large org, which almost invariably means that this is not the case—and that these folks are likely still going to be doing an enormous amount of Zooming from their desks, across locations, time zones, and national borders. There is every reason to believe that someone WFH can be effective in that setup. And if she’s not effective, that has nothing to do with whether the employer is obligated to engage in the accommodation process. They are, no matter what her performance is, and they apparently have not. I’m so sorry, OP. These folks are right that you will have to state the need more clearly, but they are being jerks about it, and you don’t deserve that. |
We know next to nothing about the impact sepsis had on her body because she hasn't stated anything clearly. The term "sepsis" covers conditions with a broad range of severities. The sepsis is almost certainly been treated and the infection resolved, but now claims to have a mysterious "infectious disease," but she won't say anything about what that is. She's been fairly clear about what make it uncomfortable or inconvenient to work, but not what would make it impractical or impossible to work. Yes, commuting is tiring and WFH can be nice if you have a long commute. Yes, it's more convenient and comfortable to have a private bathroom right next to you. Yes, it sounds nice to be able to take a hot shower during the middle of the day. But it is far from clear any of those things are necessary for her to be able to do her job. Similarly, we don't know anything about her job-not as it existed before the pandemic, during the WFH period of the pandemic, or as they RTO now. Obviously she has no obligation to reveal any details here, but I'm not sure why anyone would blindly believe everything she says here (and everything some of you inferring based on each others' comments) when she's been so evasive and vague in her responses. |
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Bottom line is her boss wants her at work and she does not want to go. She can either move right next to office, or go on disability.
Quitting is a bad move. |
It's not blindly believing her. It's attributing positive intent to her vs. the people jumping on every little thing who are attributing extremely negative intent to her. Which one you chose to do says more about you than her, though. |
If you’re the pp, you’re absolutely blindly believing her. You’re accepting her claims as facts with no basis to do so. |