Program Manager does not want me on his program for medical reasons...

[Anonymous]

I am working for a PM...he is concerned about me supporting his program because I have cancer, and could disappear (for treatment or worse) after every scan. I have not gone to HR, but suggested the following to him: talk to HR first (he is reasonable, but very much into making sure we meet the deliverable, and is afraid of having me in the critical path). The line management wants to see me working for a customer. The reality is if I can not find full time coverage, I will be let go for lack of coverage. I have not consulted a lawyer yet, but the cancer is covered under the ADA. I am currently fine...the only accommodations I need is if something new happens. My thinking is that if my cancer is keeping me from working, I should qualify for disability, right? But the Disability requires a medical reason, not a project reason.

I am ok going on long term disability...it pays 66% of my salary, but is tax free. I would rather be productive....but...

[Anonymous]

No offense but if your cancer is in remission why are you ok with going on disability. Do you need a break from work to recover and if so is it notice from your unsympathetic pm?

[Anonymous]

I'm confused, are you in remission or still undergoing treatment?

[Anonymous]

Is it really tax free or is it just that you'd drop below the poverty threshold at 66% of your former salary. I was on short term disability twice in three years and my taxes didn't change appreciably.

[Anonymous]

Contact EEO and make a complaint.

[Anonymous]

I've been in your program managers shoes. It's not a easy position to be put in. One the one hand, a manager cannot discriminate against an employee. On the other hand, the job of a program manager is to make sure that the client deliverables are met. If you are part of the critical path and there is a chance that you may not return to work one day, that creates a risk for the project.

What I did was to take my team member out of the critical path. I used him in a QA role overseeing more jr team members. He provided guidance and oversight and did testing. On the days that he was not able to work, the jr team members were able to carry on without him.

[Anonymous]

So your manager:
1. would think it is OK for a pregnant woman not to be in a role b/c she is on critical path and will go out on maternity sometime?
2. does not staff people on cholesteral medicine? or heart medicine?
3. People who fly small aircraft or motorcycles b/c they are high risk choices?

It is not allowed. Sit down with HR and the program manager and get an understanding why they will not staff you.

[Anonymous]

Anonymous wrote:So your manager:
1. would think it is OK for a pregnant woman not to be in a role b/c she is on critical path and will go out on maternity sometime?
2. does not staff people on cholesteral medicine? or heart medicine?
3. People who fly small aircraft or motorcycles b/c they are high risk choices?

It is not allowed. Sit down with HR and the program manager and get an understanding why they will not staff you.

Exactly.

[Anonymous]

Anonymous wrote:So your manager:
1. would think it is OK for a pregnant woman not to be in a role b/c she is on critical path and will go out on maternity sometime?
2. does not staff people on cholesteral medicine? or heart medicine?
3. People who fly small aircraft or motorcycles b/c they are high risk choices?

It is not allowed. Sit down with HR and the program manager and get an understanding why they will not staff you.

There are risks everyday with human life. You never who is going to walk outside the door and get hit by a bus. Life just happens. You can't be prepared for every instance that someone might die.

1. by around month 7, most women have started a transition process. Everyone knows that she will be leaving around a certain window, only the specific date is uncertain.
2. by taking the medicine, the employee is acknowledging there is an issue and working to handle it. the employee might have a heart attack and not show up for work but that would fall under the life happens category. Cancer treatments are frequent and require downtime to recover.
3. this falls under the life happens category. but there are some jobs where high risk lifestyle choices are not allowed. what if the president loved to race motorcycles---that probably wouldn't go over well if there was a chance he might accidentally kill himself.

[Anonymous]

Employment lawyer here. It is absolutely not okay for your PM to refuse to take you on because of the risk you may relapse from cancer. Unacceptable and illegal. Any No way he can do this. This IS a medical reason. Assuming you have the skills for the project, he has to have a project reason for not taking you on.

[Anonymous]

P.S. Write a memo to HR now.

[Anonymous]

Anonymous wrote:P.S. Write a memo to HR now.

PM wrote a memo, and cc'd me on it this morning. I expect a response soon.

[Anonymous]

Anonymous wrote:I'm confused, are you in remission or still undergoing treatment?

Remission is not a word used with my cancer. I have been in NED (No evidence of disease) status twice, and had new (solitary) metastasis, which were surgically removed. Each time, I was out about two months. I have missed about 6 months of work total in the last two years.

[Anonymous]

Anonymous wrote:Is it really tax free or is it just that you'd drop below the poverty threshold at 66% of your former salary. I was on short term disability twice in three years and my taxes didn't change appreciably.

It isn't tax free, rather since I am using taxed money for the premiums, it is considered pre-tax, or so I am told.

the 66% would be over 100k.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Is it really tax free or is it just that you'd drop below the poverty threshold at 66% of your former salary. I was on short term disability twice in three years and my taxes didn't change appreciably.

It isn't tax free, rather since I am using taxed money for the premiums, it is considered pre-tax, or so I am told.

the 66% would be over 100k.

That makes sense. My benefits were pre-tax deductions. Thanks!