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bferna · May 17, 2010, 07:54 PM

I had recently been out many half days due to my bipolar disorder worsening. I've been with the agency for 9 months and have worked a position that is far more challenging than was on the job description they provided when I accepted the position. Due to continuous stress, I had to take a sick day and go to an emergency appt the following day cause I was in a major mixed episode (mania and depression at once) with rapid cycling between the two extremes occurring frequently. I have taken no vacation since I started the job, just a few sick and person days. I requested the FMLA from HR this morning, saying jokingly that I doubted I'd even need it but my doctor told me to pick it up. A few minutes later, my boss had pulled me into his office and said that he didn't think things were working out. I don't think he knew yet about the FMLA request, but I decided to disclose the bipolar disorder because, ironically, I work in a mental health facility. He told me that they don't want to throw me out on the street or anything, that maybe they could give me a months until I could find something.

My question is: 1. Do I have any recourse since the job I appiled for has nothing to do with the one I am doing, which is causing the stress or
2. does applying for the FMLA before having the conversation with him, and thus admitting there is a real medical problem, one that is exacerbated by the work situation, protect me at all? Is there anything I can do to protect myself? I was just unemployed for a year and a half before I found this. Help!

thisisit · May 17, 2010, 08:02 PM

I don't know for sure, but it seems to me that you should not be fired for a mental disability. If you are maybe you would qualify for unemployment. There are lawyers here who might be able to give you a definitive answer.

Fr_Chuck · May 17, 2010, 08:06 PM

You can not get FMLA ( and they should have told you that) you are required to have worked for the covered employer for 12 months prior to any claim.

If you can not do the job due to medical issues, you should disucsss with HR if there are any less demanding jobs.

But if you can not do your job, yes you can be terminated

http://www.dol.gov/whd/regs/complian...ers/fmlaen.pdf

bferna · May 18, 2010, 06:16 PM

Actually, you can get FMLA if you have worked 1250 hours and are planning to take the disability time at the 12 month mark or thereafter. Since I have been there 9 months it would definitely be possible.

Fr_Chuck · May 18, 2010, 06:27 PM

Yes, you have to work there for 12 months before you can get the leave.

So you have 3 more months before you can get leave.

ballengerb1 · May 18, 2010, 06:27 PM

1250 Flight hours, are you a flight attendant? That provision is not for all types of jobs. FMLA and Workers Comp Information You are most likely what is considered an "at will" employeee. You can be terminated without cause at any time. However, if you believe you are being discriminated againist because of your mental issues you could contact EEOC tosee if you have a case. I do not think your chances are great.