Good Morning.

After my boyfriend was stabbed about 2 years ago, he's had real bad seizures - they have been lasting over 3 to 5 minutes. Even though he has seizures, because he can work, he can not go on SSI - even though his seizures are now considered deadly because they are over 4 minutes.

What causes his seizures are lack of sleep, stress, and caffeine. However, because his job makes him work crazy hours throughout the week (from 10:00pm to 6:00am then the same day return to work from 2:00pm to 10:00pm – then goes back to work the following morning from 6:00am to 2:00pm then the same day from 10:00pm to 6:00am); he is not getting his proper sleep and he also has to drink energy drinks (caffeine) to keep himself awake to work (he travels 2 hrs on the bus to and from work each way).

He does not have any insurance and he can't get any government medical help because they claim he makes $300.00 over the approved amount (he works at a service station). He not only can't afford any medical help at this time due to over $16,000 of medical bills that he's almost finished paying, but he currently can’t afford to see a doctor nor any funds for his medications, too.

His job is aware of his seizures, but because he has to have some kind of form filled out by a doctor and a government agency that shows that he has seizures, he has to go to fulfill the manager’s work schedule – she is not a nice person, whatsoever and doesn’t care for anyone – even has yelling arguments with customers and takes money from employees checks. The police has even been called on her by customers, too. So we’re not dealing with someone who has any compassion, whatsoever.

And even though he had a seizure like this morning and two hours before he went to work, he fears calling his job not being able to work and needing proper rest because they can legally fire him and he would not have any repercussion of his medical situation because the proper forms are not filled out.

The problem is, no one is telling him where he’s suppose to locate these so-called forms from. Further, when his schedule was from 6:00am to 2:00pm and getting his proper rest for a month, he did not get any seizures. But because his manager changed his schedule again, he has had more constant seizures.

Please help him any way that you can – he needs immediate help!

Thank you!

His job is aware of his seizures, but because he has to have some kind of form filled out by a doctor There's no particular form for the doctor to fill out unless his employer has one they want him to use (which I seriously doubt is the case.) Your BF should bring in a note from his doctor stating what his medical condition is and what restrictions he has. e.g "requires a regular work schedule with at least 8 hours between shifts."

and a government agency that shows that he has seizures That's hog-wash. There's no form from the government for this.

Here's the thing though. The employer is not automatically required to accommodate his restrictions. Even if his medical condition qualifies as a disability under the Americans with Disabilities Act (ADA) and I expect it may, she's only required to implement any "reasonable accommodations" that allow him to perform the essential functions of the job. Not knowing what your BF does and what industry he's in, I have no idea whether being able to work these types of hours and schedule changes are an essential function of the job.

I do suggest your BF start looking for a new job with more stable hours and that provides health insurance (and where the customers don't have to call the police on the boss!)

Actually, you are incorrect - there is a form that must be filled out on the federal level for him to have protection from his job due to medical reasons.

It's called the Family Medical Leave Act (FMLA):

http://www.azlawhelp.org/articles_info.cfm?mc=2&sc=13&articleid=48

http://www.abc15.com/guides/career/benefits/story/Family-And-Medical-Leave-Act-FMLA/qlThhPPTIkm9bnyklmOp6A.cspx

http://www.martinbonnett.com/PracticeAreas/Family-Medical-Leave-Act.asp

Further, I was just informed that the FMLA "form" that needs to be completed would come from the employee's human resources department. When the employee receives the FMLA Form, they give to to their doctor to fill-out. Without the FMLA form, just a "doctor's note" is not good enough nor will the employee have any employment protection because Arizona is a "Right To Work State".

Which means, you can get fired without any notice, with or without a "doctor's note". Again, for any employment protection, you must have federal FMLA protection.

[I]Not knowing what your BF does and what industry he's in

He works at a service station.

Sara, before we go any further, does your BF qualify for FMLA? Has he worked for his employer for at least 12 months, has he worked at least 1250 hrs. for his employer in the last 12 months, does his employer have 50 or more employees within a 75 mile radius of where he works? FMLA is unpaid job protected leave. (12 weeks max. per 12 month FMLA period) It can be taken on an intermittent basis when/if necessary.

I believe you mean at-will employment state. Right to work just means you can't be required to join a union to get a job.

Thanks.

Sara, I don't think you understand how FMLA works or what the requirements are.

The Federal government has provided a form that employers MAY use. The employer is not required to use that particular form. They may create their own form if they choose to, as long as it provides the same information. Additionally, the employer MAY, if they want to, opt for "just a doctor's note". They do not have to. They cannot be compelled to. But if they choose to, they may.

What's more, I don't think FMLA is really the long term solution here. FMLA provides for up to 12 weeks of protected medical leave. However, when your boyfriend has taken 12 weeks worth of leave, either intermittantly or in a block, if he still needs additional time he can LEGALLY be fired. Is that how you want it? FMLA does NOT provide permanent protection.

What your boyfriend needs, if it is is possible, is an accomodation under the ADA, which does not expire at the end of 12 weeks. A FMLA form is not required for an ADA accomodation because it is a completely different law. There is no specific form required for the ADA. The problem is, I don't know what kind of accomodation would work in his situation. But that's the way to look if he wants permanent protection. FMLA would protect him for the short term only.

Be aware that if he requests accomodation under the ADA he cannot be fired for that. However, if there is no REASONABLE accomodation that can be found, he is no longer protected. What is reasonable depends on the specifics of the situation.

Kind of odd, Betty3 and cbg, you said nothing about FMLA until I mentioned it.

I know how to read and I know what it means - I'm a paralegal.

The original problem was, I didn't know what form it was or where to get the form (I'm not from Arizona). Now that I found the information on my own and decided to correct you because you both were giving me the incorrect information, you want to act as if you had the answer all along - when in fact, you had no idea what you were talking about.

And you still don't have any idea to what you're talking about, cbg - Arizona is a "Right to Work State":

http://phoenix.about.com/cs/empl/a/righttowork.htm

So you both stop talking about things you know nothing about. If someone took your wrongful advise and it did damage to them, you can get sued! If I were you, which I'm glad that I'm not, watch what you say and make sure you're 100% accurate before you give any advise, whatsoever!

Sara J

Kind of odd, Betty3 and cbg, you said nothing about FMLA until I mentioned it.

I know how to read and I know what it means - I'm a paralegal.

The original problem was, I didn't know what form it was or where to get the form (I'm not from Arizona). Now that I found the information on my own and decided to correct you because you both were giving me the incorrect information, you want to act as if you had the answer all along - when in fact, you had no idea what you were talking about.

And you still don't have any idea to what you're talking about, cbg - Arizona is a "Right to Work State":

http://phoenix.about.com/cs/empl/a/righttowork.htm

So you both stop talking about things you know nothing about. If someone took your wrongful advise and it did damage to them, you can get sued! If I were you, which I'm glad that I'm not, watch what you say and make sure you're 100% accurate before you give any advise, whatsoever!

Sara JWhat an attitude! You had better learn to read and comprehend what you are reading. A right to work state has to do with union membership not Which means, you can get fired without any notice, with or without a "doctor's note". Again, for any employment protection, you must have federal FMLA protection. This is at-will. Being a para legal you know how to research your information better. All three, cbg, beth and betty know what they are talking about, you obvisously don't.

mlane58,

It's obvious that YOU DON'T know how to read and that you're only saying your moronic ATTACK against me because YOU MODERATORS don't have NOTHING better to do in your lives but to attack THE HARD WORKING PEOPLE WITH YOUR IGNORANT STATEMENTS!!!!!!!!!!!!!!!!!!

It's also very clear to me that NO MODERATOR in Labor Law Talk forum has NO good intentions to help The People, but to only mislead and misguide us!

Curious, how many moderators in Labor Law Talk feel that they have to attack The People instead of focusing on the real issues to help The People?

Better yet, is there any moderator that can give concrete and accurate information for The People - instead of constant attacks?

I bet instead, you're going to delete this post because you have no good intentions for The People!

I'm going to count the minutes on how you're going to respond.

Sara J

cbg, I didn't see FMLA as a long term solution here either. That's why I thought I would see if BF even qualified for FMLA before I went there. (before I went any further) ADA would be the best "possible" chance it seems in his case.

Sara, I'm not going to delete your post, but if you continue with the same attitude here that you're expressing now you will not be posting here long.

We cannot create a law that will do what you want it to do.

mlane58,

It's obvious that YOU DON'T know how to read and that you're only saying your moronic ATTACK against me because YOU MODERATORS don't have NOTHING better to do in your lives but to attack THE HARD WORKING PEOPLE WITH YOUR IGNORANT STATEMENTS!!!!!!!!!!!!!!!!!!

It's also very clear to me that NO MODERATOR in Labor Law Talk forum has NO good intentions to help The People, but to only mislead and misguide us!

Curious, how many moderators in Labor Law Talk feel that they have to attack The People instead of focusing on the real issues to help The People?

Better yet, is there any moderator that can give concrete and accurate information for The People - instead of constant attacks?

I bet instead, you're going to delete this post because you have no good intentions for The People!

I'm going to count the minutes on how you're going to respond.

Sara JAnd just how to anyone in this thread attack you? You were given correct and accurate information and then made incorrect statements and when politely corrected, decided to cop an attitude and make disrespectful statements toward others.

Sara, I see nothing incorrect posted in mlane's post.

Attitude?

You don't think I rightfully can have an attitude after all of you have given me incorrect information - with attacks?

If I did not do the research myself and found the appropriate legal information regarding the existence of the FMLA form, and went by ALL YOU MODERATORS information that no such form exist and that Arizona is not a "Right to Work" state, then my boyfriend would have been FIRED if he had to call in from work based on his seizures!

I have EVERY right to be UPSET WITH AN ATTITUDE!!!!!!!!!!!!!!!!!!!

Further, I have no idea how or where any of you moderators get your information, BUT YOU ARE MESSING WITH PEOPLES LIVES GIVING OUT THE INCORRECT INFORMATION!!!!!!!

Does that not concern any of you, whatsoever?!!!!!!!!!!!

Again, it is very impertinent, and your responsibility, for ALL MODERATORS to make sure all your information that you give is 100% accurate!

And if none of you are attorneys, then you definitely could get in huge trouble for giving legal advise!

Curious, why are there four moderators attacking me instead of focusing on the real issues here? Odd, if you ask me.

Sara J

Right to work means that you don't have to join a union to get work. It has nothing to do with this situation. You mean employment at will.

http://en.wikipedia.org/wiki/Right-to-work_law

If no one mentioned FMLA to you, it's because FMLA will not solve your problem. The law that will be of the most help to you is the ADA, and there IS no specific form for the ADA, no matter how many times you try to tell us otherwise.

No one has given you any incorrect information. I'm sorry if you don't like the answers you were given, but if you want specific information for your specific problem, a message board cannot help you. We can give you only general legal information. You are free to contact an attorney and pay him for his advice.