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#1
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Hi,I live in Michigan and am having a problem with the administrator at the place where I am working. I asked my boss if I could drop from 8 days a pay period to 6 days(60 hrs.to 45)a pay period and he did not have a problem,I told him I was dealing with a medical problem at this time and was under a doctors care. He told me to bring in a doctors slip and it wouldnt be a problem. He went and talked to the administrator and the administrator told him that he and himself have the right to know WHAT my medical issue is. I said ok...left the office and talked to my doc the following day,she told me that he does NOT have the right to know that information unless she has written permission from me to disclose it.She wrote me a note that day stating that I was under a doctors care at this time and it was in her best interest that I work 3 days a week until my treatment is complete.Well I took this note in and needless to say it wasnt good enough,it did not state my diagnosis.The administrator took me into his office and told me that if I dont tell him what the problem is he will get attorneys involved,and he will NOT approve it. I feel he is trying to intimidate me at this point to giving him my personal information. I am NOT asking for a leave of absence,and besides the place I am working at is under budget cuts at this time and at the beginning I thought it wouldnt be a big deal at all to ask to cut down 15 hours a pay period. I have worked there for 2 and 1/2 yrs.,never been wrote up,the only thing I can think of why he is treating me like this is because I stood up for a girl back in April that I felt was being wrongfully fired,and now he is trying to get me to quit or something,not quite sure.I just need to know if I have a leg to stand on or not. Not quite sure of Michigan law regarding this type of thing. Thank-You.
Heather |
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#2
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They do not HAVE to allow you to cut your hours at all.
They need enough information to determine whether or not the time you are not working needs to be applied to FMLA. They need enough information to determine if the ADA applies and whether dropping your hours would be a reasonable accomodation. Exactly how much information that is, varies with the situation. But a note from the doctor as you describe is not sufficient for either. On the basis of only the information they have currently, they could quite legally refuse your request and force you to continue working at the higher level, or fire you for not working the hours you are scheduled. Your doctor did not go to law school; don't take your legal advice from a doctor and don't take medical advice from your lawyer. |
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#3
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The FMLA was discussed and he(administrator) didnt think it applied to my situation, BUT I was checking into it today and it applies to my situation VERY much. It states "Under some circumstances employees may take FMLA intermittetly-which means taking leave in blocks or by reducing their normal weekly or daily work schedule,IF a doctor sees it medically necessary". I dont know why he didnt think it applied to me,as I was asking to reduce my schedule. Thanks for the advice.
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