Our policies are like a gideon knot.

[avocado_love]

Thank you to everyone who put in messages of support on my last update. I went to the funeral, and it was really a moving experience and provided a lot of closure. Today at work we also had a balloon release and we took Eugenia's family into the center and showed her where she sat and presented them with a memory box full of our letters and special moments. So that helped a lot too.



Now I have come across another problem, of course work based (as 90% of my problems seem to be). Maybe just writing this out will help me figure out what to do next.

So I'm on a written attendance warning. It stems from Thanksgiving when I took half the day off early to be with my family. I knew I was getting a warning, and accepted that mostly because at the time all warning fell off as of Dec 31st. They ended up changing the rule on the first of the year to say that all warnings carried over and writtens did for 6 mos. That screwed me over, but hey, I've had worse.

Anyway, to make a long story short I've had about 6 hours of sick time I could work with from November until the end of May. If I take more than 6 hours, I'll be put on a final warning, have to wait 9 MORE MONTHS to use any sick time at all, and be fired if I do.

I've had some scary stuff happen with my EKG and heart tests in the last few weeks, and I used up all my my six hours in order to cut out early and go to the hospital. So on Tuesday I started throwing up -- I guess it was a stomach bug. I didn't feel well and I couldn't stay at work. (Plus, you know people were giving me the ol' fish-eye for being all throw up-y at work with the Swing Flu going about.)

I negotiated with my sup and he said he would arrange it with HIS supervisor, Chris, that if I came in today and worked the hours I missed, everything would be fine. We call it flexing time. Cool.

So I did. I came in for my 8 hours... only to find that my Flex day had been denied and that the hours would have to come out of my attendance (which would leave me with a final warning, and on the doorstep to being fired).

Well fuck.

So I talked to Chris, and his stance was that I should have talked to HIM before leaving on tuesday. I guess while I was throwing up? He then asked me why I had used all my attendance time, and I told him about the heart thing. (Well, "told" being I burst into tears like a little bitch, but still...)

He told me to just get on the phone -- maybe today would count as overtime and I would be put on a final. Maybe he would write it off. Who knows? He had to look into some stuff. Do important things. Speak to important people.

He comes back a few hours later and tells me he will approve the time ONLY if I file a disability claim with the state. Called FMLA. This puts me in an awkward position for a few reasons:

1) Leaving Tuesday had nothing to do with my heart -- well okay my doctor did say that I had to leave if I felt sick until all the tests were done, but mostly it was because of my flu-like symptoms.

2) My heart problem is still mostly undiagnosed (it's probably a minor valve thing, but I'm going to the cardiologist as of June 3rd for more testing and the official word, so until then what the hell can my doctor even put down? They can't give me a diagnosis, which is what the state needs for approval.

3) Um, isn't that disability fraud? Like hell I'm going to file a FMLA claim for ONE DAY. This stuff is meant for people who are out of work for months at a time because they are on death's door or hospitalized and the state is providing protection to keep their job. Or if you have a terminally sick child and you can't work because you're taking care of them at home. It isn't for the flu. It's not to be taken lightly.

Fuck. What do I do? Chris didn't tell me to do the disability claim in writing so it's my word against his. Should I take it to HR?I need to speak to James, my supervisor, but I don't want to throw that guy under the bus as well!

I hate that place.

Update: Hmm... I still don't know what to do, but I have to say I feel better just for writing that all out. Yea, LJ!

Comments

[ashacrone.livejournal.com]

That really sucks. And it really doesn't make sense that they wouldn't be more understanding about actual illness. Don't doctor's excuses count?

[avocado-love.livejournal.com]

Oh I totally wish they did. Unfortunately they have FMLA pretty much act like a doctor's note. It's not what it's for, but hey.

[thistle-chaser.livejournal.com]

Ugh! God, that sucks so much. *snugs lots*

[avocado-love.livejournal.com]

Thanks. *sighs and snugs back* I'm going to talk to my sup today. We'll see what happens!

[plumsdeify.livejournal.com]

FMLA can be used intermittently, depending on what you file. It's meant for that kind of thing, so if this is an ongoing condition (which it totally sounds like), there won't be an issue. One of the line-items for eligibility is a "serious ongoing medical issue". If you're approved for this, you'll be allowed to call out for up to 12 weeks in a calendar year for your condition.

I figure it's better to protect yourself then let them fire you for your health.

More info here: http://www.dol.gov/esa/whd/fmla/

You might want to check, too, and see if your state has supplemental laws that would help protect you. They're designed to work in concert with FMLA.

You can check, too, with your HR department. They'll have good info on what the up-to-date stuff is for your state.

[avocado-love.livejournal.com]

Wow, thank you so much for that link! The thing I'm worried about the intermittent is the symptoms do have to prevent you from working. I'm symptom free so far, and the only reason I knew about the heart thing was a random ekg test. It's all just been more testing. But I'm definitely going to follow up through my HR department as well for more advice.

On something unrelated, did you get your user name from On Writing? Have I already asked you and then forgot? I do that a lot. ;D

[plumsdeify.livejournal.com]

You're welcome. :)

FMLA is designed to protect even the intermittent stuff, so if you need it for your care, then there's no harm applying for it. But if your state has different laws, there might be a better deal for you.

On Writing is one of my all time favorite books, as it were. Amazing stuff, there. :D

[dark-puck.livejournal.com]

I would seriously go to the HR department and check.

[avocado-love.livejournal.com]

Yeah I totally will. They're total jerk offs.

[dwelian.livejournal.com]

That's insane! I'm amazed your employers are so inflexible. I hope everything works out okay though!

[avocado-love.livejournal.com]

Yeah, it's the nature of a call center to be hard-core about attendance time, but this is absolutely insane. I'll figure it out one way or another.

[enchanted-jae.livejournal.com]

I think most of your heart problems stem from working there. Sounds like most of management are a bunch of mean girls, and I don't give a fuck if they're male or not. They're bitches, plain and simple. My advice? FIND ANOTHER JOB. I know the economy is tough, but keep looking and stop letting inertia keep you at a place that is causing you so much stress.

[avocado-love.livejournal.com]

You know what? You are so right about that. Screw them. I do need another job. And it's mostly the case of passing the buck and the right hand not knowing what the left is doing and... eh, screw them.