Re: Americans with Disability issue?

[Guest guest]

Oddly enough...I've been doing a bit of research on

just that!!!! Anyone with a " medical disability " is

protected by the same state and federal laws that

persons with physical disabilities. There is a toll

free number (in most states) for the Advocacy for the

Disabled. If you have any problems or think you may

have problems with your employer in taking the time

off to get your Xolair CALL THEM and they will suggest

what you should do!!!

If anyone in here " follows though " on this PLEASE let

us all know how you make out with it.

Here's what I have found out from the online site:

The law forbids discrimination in every aspect of

employment.

The law requires an employer to provide reasonable

accommodation to an employee or job applicant with a

disability, unless doing so would cause significant

difficulty or expense for the employer.

A reasonable accommodation is any change in the work

environment (or in the way things are usually done) to

help a person with a disability apply for a job,

perform the duties of a job, or enjoy the benefits and

privileges of employment.

Reasonable accommodation might include, for example,

making the workplace accessible for wheelchair users

or providing a reader or interpreter for someone who

is blind or hearing impaired.

An employer doesn't have to provide an accommodation

if doing so would cause undue hardship to the

employer.

Undue hardship means that the accommodation would be

too difficult or too expensive to provide, in light of

the employer's size, financial resources, and the

needs of the business.

An employer may not refuse to provide an accommodation

just because it involves some cost. An employer does

not have to provide the exact accommodation the

employee or job applicant wants. If more than one

accommodation works, the employer may choose which one

to provide.

Not everyone with a medical condition is protected by

the law. In order to be protected, a person must be

qualified for the job and have a disability as defined

by the law.

A person can show that he or she has a disability in

one of three ways:

A person may be disabled if he or she has a physical

or mental condition that substantially limits a major

life activity (such as walking, talking, seeing,

hearing, or learning).

A person may be disabled if he or she has a history of

a disability (such as cancer that is in remission).

A person may be disabled if he or she is treated by

the employer as having a disability (even if he or she

does not).

Figuring out whether someone is " disabled " under the

law is complicated. If you aren't sure about whether

you are covered, you can go online to the EEOC's

website and request a a questionnaire to fill out and

submit to one of the EEOC's Field Offices for help.

Most employers with at least 15 employees are covered

by EEOC laws (20 employees in age discrimination

cases).

Most labor unions and employment agencies are also

covered.

**************

GOOD LUCK!

Kate

--- Kathy <kjkurtz2000@...> wrote:

> I had an interesting conversation with one of my

> doctor's today (E-N-

> T - he works closely with my allergy/asthma doctor

> who actually gives

> me the Xolair) . We were discussing the possibility

> of having to take

> half a day off of work twice a month to get this

> Xolair shot. He was

> pondering the idea that this might be covered under

> the Americans with

> Disability Act. Has anyone else thought about this?

> Might this be

> able to help us working folks who need this shot?

> I desperately

> hate to discontinue taking Xolair, but if I have to

> lose my job

> because of it - I will have to stop. He also

> suggested home health

> care - having a nurse come to the house and giving

> the shot if your

> insurance covers home health care.

>

>

________________________________________________________________________________\

____

We won't tell. Get more on shows you hate to love

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[Guest guest]

What a great idea about whether your time off work should be allowed

under the American With Disabilities Act. My understanding of the ADA

is that employers must make " reasonable accommodations " to enable an

employee with a disability to be able to carry out their job. I don't

know if necessary time off is considered a reasonable accommodation but

perhaps someone else on these boards works in HR or an aspect of health

care where they have this information. Perhaps you could start with

just asking your company's HR director if s/he knows the answer. If the

director says it's not allowed, it would be worth getting a brief

consultation with an employment law attorney to find out for sure. Many

attorneys will give an initial consultation at no charge, believe it or

not!

Fran

>

> I had an interesting conversation with one of my doctor's today (E-N-

> T - he works closely with my allergy/asthma doctor who actually gives

> me the Xolair) . We were discussing the possibility of having to

take

> half a day off of work twice a month to get this Xolair shot. He was

> pondering the idea that this might be covered under the Americans

with

> Disability Act. Has anyone else thought about this? Might this be

> able to help us working folks who need this shot? I desperately

> hate to discontinue taking Xolair, but if I have to lose my job

> because of it - I will have to stop. He also suggested home health

> care - having a nurse come to the house and giving the shot if your

> insurance covers home health care.

>

[Guest guest]

Oops, I just saw this post AFTER I sent my response. The resources

look great. Kathy, I'm just wondering if you have actually asked your

employer for the time off you need for your Xolair shots.

Fran

>

> > I had an interesting conversation with one of my

> > doctor's today (E-N-

> > T - he works closely with my allergy/asthma doctor

> > who actually gives

> > me the Xolair) . We were discussing the possibility

> > of having to take

> > half a day off of work twice a month to get this

> > Xolair shot. He was

> > pondering the idea that this might be covered under

> > the Americans with

> > Disability Act. Has anyone else thought about this?

> > Might this be

> > able to help us working folks who need this shot?

> > I desperately

> > hate to discontinue taking Xolair, but if I have to

> > lose my job

> > because of it - I will have to stop. He also

> > suggested home health

> > care - having a nurse come to the house and giving

> > the shot if your

> > insurance covers home health care.

> >

> >

>

>

>

>

>

______________________________________________________________________

______________

> We won't tell. Get more on shows you hate to love

> (and love to hate): TV's Guilty Pleasures list.

> http://tv./collections/265

>

[Guest guest]

My mother had asthma, bronchiectasis, and pulmonary MAC. Her employer was

very considerate and often referred that her breathing impairment was covered

under ADA. She probably worked much longer than she should have, but it also

kept her going. The last year she worked, she was allowed a cot in her

office to take breaks when she needed. Her fellow employees would cook meals

for

her and help her warm up precooked stuff for lunch. She was never

questioned on her doctor visits.

Debbie

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