posted
All - I have been able to work from home one day per week for years now. This has been a blessing for me and one of the reasons why I have been able to recover to my current level.
I got a new boss in February and at first the working from home was fine, but now he is acting like it is a privilege and that I don't really need it if I get better. For now, he has agreed to let me go another 6 months, and then re-evaluate.
I am having trouble knowing what to say to him about my need for a day to work at home. I don't think he understands chronic illness and he doesn't seem to want to be educated unless it is something short he can read.
How have you all dealt with such issues at work? I want to stay working. This year, I have been more active than any year in the past 10 years, but I still need this day at home on Wednesday's. It helps me do my job and have a life, but the boss says the point is not to have a life.
My division does not allow people to work from home, although the company in general has a telework policy and many people in other divisions work from home and they are not even sick!
Anyway - any ideas are appreciated.
Thanks Robin
Posts: 276 | From Maryland | Registered: Dec 2006
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Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
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Is there some reason why there is a problem with this? Find out precisely why - in case there are some legitimate problems. But, as none have previously been brought to your attention, it seems unlikely that practical matters fuel the power play.
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Do you have in your personnel file a statement about your having a disability?
If so, they are required to work with you on accommodation.
And, as a professional, you say "this is what I provide to you" "this is the way I work" and " this is what the results are"
"It's working very well and I continue to expect that it will continue to work well"
Take a stand as an equal in the company. It sounds like your your boss wants to prove "who's boss" but you can prove your value as a professional who supplies a valuable service.
Also, you might want to consult an attorney who is up on ADA law.
posted
Thanks for your reply. The only problem I can see is that no one else is allowed to do this in my division. The new boss says it is "unfair" to others.
I am not always that great at sticking up for myself in the moment. I will be ready the next time this comes around for review (he has now given me another 6 months). I am documenting my work, my conversations with him, and I am going to get an updated letter from my doctor(s). There is no official statement in my personnel record about a disability. My performance appraisals do say that I have chronic Lyme disease, but this does not necessarily speak to a disability.
I think it is hard to quantify a disability without lawyers, etc. Or is there another way?
Yea - the attorney idea and ADA is something I have thought of.
Thanks for your support.
Robin
Posts: 276 | From Maryland | Registered: Dec 2006
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posted
I'd talk to your doctor about what can be done. Are there any other diagnoses you have? Maybe there's something other than Lyme that might be easier to get special treatment for.
-------------------- sixgoofykids.blogspot.com Posts: 13449 | From Ohio | Registered: Feb 2007
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Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
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You don't need an attorney, but some legal advice would help. The ADA may have a web site and the statute for you to take to your personnel manager.
Your state bar association may have a pro bono group that can give you advice - or at least a quick word on the phone to guide you in the right direction or give you the statute that covers this situation.
the fact that you have a chronic condition listed in your file may be enough but you can now officially REQUEST CONTINUED ACCOMMODATION.
(The way I see it) - Precedence has been set as: 1) you informed them of your condition; 2) you previously requested this accommodation; 3) the request was accommodated; and 4) it has worked well.
Just because no one else does this does not relive them from the obligation to accommodate you for a condition that you have already declared in your file. If anyone else needs such an accommodation, they are required by law to consider it and grant it if it is reasonable. Therein lies the fairness.
I hope you can find an advocate. All efforts should be made to support you so that you can do your best. Just tell them I said so, eh?
Are you a member of a union or a professional organization that has advocates versed in ADA law?
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edited to add: Yes, sixgoofykids' idea of another dx is good. But, really I don't think you should have to put a dx in - just that a "medical condition" requires the need of accommodation.
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[ 09. September 2008, 08:03 PM: Message edited by: Keebler ]
Posts: 48021 | From Tree House | Registered: Jul 2007
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posted
Thanks again. One of the problems is that I have improved in my health status. I am still on treatment, but I have lost weight, I look better, I can do more.
I think this is mostly what the boss is keying on. This year I participated in an outreach program at work that required travel. Something that I could not previously do at all. I have always wanted to do that particular outreach and this year I felt I could maybe do it. It was still a stretch for me, but my boss is seeing that I can do more.
That doesn't mean that I don't need that Wednesday to work from home. To get to work everyday and be clean and presentable, do 8 hours and go home and do all home things is alot in one week. I may be able to do it for a while, but then it will take a toll on me. I know because it can take a toll on me even with the day at home.
I did look up the ADA site and read through some things and highlighted them. I don't belong to a union. I am a federal employee. They have unions, but the dues are like 15-20 dollars every 2 weeks! I'm just not sure if it is worth it.
You are right that precedence has been set. Now I just need to prove that I still need the accomodation. My Lyme doctor won't write a letter, only a note that says I'm being treated for Lyme. He thinks the primary care should do that, and of course, I am switching to a new primary care, so that might be difficult (or it might not). I have until next April to have all my information ready (as the boss gave me another 6 months).
Thanks again for all the good ideas.
Robin
Posts: 276 | From Maryland | Registered: Dec 2006
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Check out the Job Accommodation Network (federally funded). Your employer is covered by the ADA (Amercans with Disabilties Act) if they have 15 or more employees. I think it's safer to use FM/CFS if you have that diagnosis too since it's more widely accepted now. We are definitely working on the public view of chronic Lyme with the DVD Under Our Skin but of course most doctors would be of little to no help on that one still.
-------------------- RV Posts: 249 | From Healing in USA | Registered: Mar 2005
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shazdancer
Frequent Contributor (1K+ posts)
Member # 1436
Includes pages for federal, state, and local government employees, and links to the text of the ADA laws.
Posts: 1558 | From the Berkshires | Registered: Jul 2001
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