Taking FMLA in a rage over RTO

[Anonymous]

Anonymous wrote:If you believe you have been denied a reasonable accommodation, you can pursue your EEO remedies.

Op here. I’m waiting for the formal written letter with the denial. I didn’t realize I could take this to the EEOC, but that’s a good idea.

[Anonymous]

Anonymous wrote:

Anonymous wrote:If you believe you have been denied a reasonable accommodation, you can pursue your EEO remedies.

Op here. I’m waiting for the formal written letter with the denial. I didn’t realize I could take this to the EEOC, but that’s a good idea.

Op here. I should explain that HR verbally denied my accommodation request, and said they will follow up with a letter next week.

[Anonymous]

Anonymous wrote:

Anonymous wrote:In the old days, you would go out on disability. Have you looked into that? It doesn't pay as well, though. Definitely take the three months now, though. I am tired of all the whining about going back to the office -- I have been in person the entire time -- but in your case if I valued you as an employee, I would have worked with you to keep you on, especially with medical documentation. I would say they don't want you there, so move accordingly.

Op here. Yes, sorry, I should have explained. I’m getting short term disability (STD) or I will once I exhaust my existing paid time off). At my work we can get short term disability while on FMLA.

I’ll reassess once I see how I’m doing in November.

If you are better sooner, you should be able to go back, at least with respect to the 12 weeks of FMLA. That's just an estimate. You don't have to use it all just because that's the best guess today. I'm not familiar with how STD works.

I'd be hesitant to use the full 12 weeks if not absolutely necessary (BTDT) because it's nerve-wracking worrying that something else will happen in the next nine months before you're eligible again. Also if you change jobs, you'll have to work there a year to be eligible for FMLA, assuming the company is even big enough.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:In the old days, you would go out on disability. Have you looked into that? It doesn't pay as well, though. Definitely take the three months now, though. I am tired of all the whining about going back to the office -- I have been in person the entire time -- but in your case if I valued you as an employee, I would have worked with you to keep you on, especially with medical documentation. I would say they don't want you there, so move accordingly.

Op here. Yes, sorry, I should have explained. I’m getting short term disability (STD) or I will once I exhaust my existing paid time off). At my work we can get short term disability while on FMLA.

I’ll reassess once I see how I’m doing in November.

If you are better sooner, you should be able to go back, at least with respect to the 12 weeks of FMLA. That's just an estimate. You don't have to use it all just because that's the best guess today. I'm not familiar with how STD works.

I'd be hesitant to use the full 12 weeks if not absolutely necessary (BTDT) because it's nerve-wracking worrying that something else will happen in the next nine months before you're eligible again. Also if you change jobs, you'll have to work there a year to be eligible for FMLA, assuming the company is even big enough.

This is good advice, last year I was hospitalized several times and had to take a total of 12 weeks of leave in several different stints. I’m glad I didn’t do all 12 weeks at first because I would have gone unpaid for months later.

I’m sorry about what you’re going through, I would suggest putting time into a job search to find some better opportunity. If they have already denied your request this is an uphill battle with your employer and you are unlikely to win.

[Anonymous]

Anonymous wrote:Can you be more specific about your illness? The people I've known who've had sepsis recovered pretty quickly once treated.

How is this relevant in any way to OP's story? OP was very specific. Are you trying to second guess them?

[Anonymous]

Anonymous wrote:

Anonymous wrote:I don’t understand why OP didn’t apply for an ADA accommodation for remote work, as someone suggested. I got one when we RTO because I was going through cancer treatments. I have to have my paperwork redone every 6 months. My HR rep said they received many applications but didn’t approve most of them. A lot of people tried to throw anything at the wall to see if it would stick and doctors easily sign off on it. Not that OP did, but I think people trying to work the system hurt a lot of legitimate requests.

Op here. I did. They denied it. I said I applied for one in my OP.

Did they offer any accommodation (they are supposed to be in an “interactive process,” not just saying yes or no) or did they just say no?

[Anonymous]

Anonymous wrote:

Anonymous wrote:What diseases do u have

Op here. Ones that entail hospitalization and multiple doctors signing off on my need for FMLA/STD.

But FMLA/STD is short term, not permanent.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Can you be more specific about your illness? The people I've known who've had sepsis recovered pretty quickly once treated.

lol what?! Sepsis famously has a high mortality rate…

No. My dad had sepsis from UTIs twice this year alone. His hospital stay were 5 days each time (with 3x cancer and over 80).

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you believe you have been denied a reasonable accommodation, you can pursue your EEO remedies.

Op here. I’m waiting for the formal written letter with the denial. I didn’t realize I could take this to the EEOC, but that’s a good idea.

Op here. I should explain that HR verbally denied my accommodation request, and said they will follow up with a letter next week.

Make sure to stay on top of them sending you the letter. They may “forget” because you are now on FMLA. Also, keep in mind that you should be required to complete a return to work certification that asks if you need accommodations. If your doctors believe you still need WFH they should again state that requirement. Take that second denial (after FMLA!) to the EEOC.

[Anonymous]

You either:
1) have a medical condition that means you CAN'T work, at least a regular schedule, which entitles you to FMLA; or
2) have a medical condition that means you CAN work with an accommodation such as WFH

You played the game and you lost, overplayed your hand.

Can you articulate how your history of sepsis means that you can work, if remotely? Clearly, your medical providers could not.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Can you be more specific about your illness? The people I've known who've had sepsis recovered pretty quickly once treated.

lol what?! Sepsis famously has a high mortality rate…

No. My dad had sepsis from UTIs twice this year alone. His hospital stay were 5 days each time (with 3x cancer and over 80).

Your father is fortunate. The fatality rate is 30%. The diagnosis is often missed in younger people.

[Anonymous]

So, most doctors happily sign off on documentation for full fmla. Why not? That doesn’t mean you aren’t well enough to work in an office. After all, will you magically be any different when the fmla runs out?

You have it—and presumably you are being paid at 100%? Enjoy it!

But if you want to keep your job, you’ll need to RTO.

Is your company RTO everyday or hybrid? Most offices around us are in 2 or 3 days a week.

At the end of the day, your employer gets to make the decision. And it’s not short-sighted…because literally everyone is replaceable.

Plus, young people should be out in the world not home alone.

[Anonymous]

Anonymous wrote:You either:
1) have a medical condition that means you CAN'T work, at least a regular schedule, which entitles you to FMLA; or
2) have a medical condition that means you CAN work with an accommodation such as WFH

You played the game and you lost, overplayed your hand.

Can you articulate how your history of sepsis means that you can work, if remotely? Clearly, your medical providers could not.

DP; thanks for articulating this point which was bothering me. OP admits they went on FMLA out of rage for having WFH accommodation denied. On appeal, OP’s doctors need to be clearer. I got my accommodation during the pandemic because I was immunocompromised during cancer treatment, for example. Some employers are just super stingy with WFH since so many people just don’t want to go in. (Which is valid!) Most of my friends and family have some kind of hybrid schedule, and those who are full time remote work for companies or teams who are ALL working remotely.

[Anonymous]

How many days a week RTO are we talking?

You sound petulant. Frankly it's time for you to move on. The rage you're feeling isn't normal and you should talk to someone about that before it eats you alive.

Also, can you get an accommodation over sepsis? It's temporary

[Anonymous]

Anonymous wrote:You either:
1) have a medical condition that means you CAN'T work, at least a regular schedule, which entitles you to FMLA; or
2) have a medical condition that means you CAN work with an accommodation such as WFH

You played the game and you lost, overplayed your hand.

Can you articulate how your history of sepsis means that you can work, if remotely? Clearly, your medical providers could not.

Not OP, but doctors famously expect employers to be reasonable.

If OP now has a history of sepsis, why would it be good for OP to go back into a Covid riddled workplace, where no one but them would be wearing a mask? It's not 2019 anymore.

I would use that anger to look for another telecommute position OP, and let your employer have 4 openings they can't fill, instead of 3.