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update to fmla and ptsd
09-29-2008, 05:07 PM,
#1
update to fmla and ptsd
I am not sure what to think, but I am hoping this is good news. I had previously posted about ptsd and my fmla running out this friday. I sent my employer a request for "extended leave" as a "reasonable accommodation" under ADA. They replied that I needed a "letter" from my doctor before they would consider it. I sent the letter which spells out my compliance with all specialists re: physical injuries and continued ptsd symptoms. I just got a call from HR department, telling me not to "worry" about Oct. 3rd fmla deadline but that she would be out of office as well as my supervisor and she would get back to me next week about 30 day extension. After reading so much on the boards about trusting employers and then being turned on....I am worried, but I am hoping this is good news and I can continue to focus on healing.
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09-29-2008, 05:22 PM,
#2
RE: update to fmla and ptsd
I love your puppy avatar
........I love cats, I just cant eat a whole one by myself......







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09-29-2008, 05:36 PM,
#3
RE: update to fmla and ptsd
You might want to really read up on the ADA. If they send this off to an attorney your probably gonna lose this battle.

Generally a "reasonable accomodation" allows an impaired employee to keep working. Not stay at home on an extended leave.

http://www.eeoc.gov/policy/docs/accommod...requesting

"In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities."(3)
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09-29-2008, 05:50 PM,
#4
RE: update to fmla and ptsd
Jayne, thanks, that's my "baby"......"Bruiser"...lol......

Stiffnecked...thanks, I'll check out the link. I had checked into this prior to sending the letter and checked with my attorney. I do know that ADA is usually used for restricted duty, but with the "not driving" issue....(I work with special needs children going from home to home) that is a big part of my job....so they said that extended leave could be considered an accommodation in this case. Of course "could" being the important word here, since it is up to the company and whether or not holding my position open would prove to be an unnecessary burden. So, I am keeping my fingers crossed! Thanks again! cookie
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09-29-2008, 06:34 PM,
#5
RE: update to fmla and ptsd
Employer's can grant an extension, as long as the Doctor did fill out the form the employer requested. I have seen this done many times before.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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