Multiple Sclerosis (MS) Support Group
This community is a place where members can discuss current events and weigh in on what's going on in the world.
AllieMarie
My upper managment knows about my MS because I had to use my FLMA time due to terrible flair ups inthe begining. Anyhow, I have since used all of that time plus I am on the max for our attendance policy and on probation now. Meaning NOTHING can happen oin the next 8 wks or I can be out. Anyhow, due to my inability to fullfill my 42.5 hour a week schedule, I asked for a reduced schedule (wich others do - we have a system that u can request a change in ur what they call "master schedule"). So, I went down toi 32.5 hours so I can still get the insurance and hopefully be able to fufill my obligations to my company who i fell liek I really let down. And I also have MANY hours I need to make up (we can work hours after an absence to "erase the points we get for missing") and I'm hoping with a smaller master schedule on good days hopefully they will have extra work and i can start digging myself out of the hole I'm in, Well, they approved my reduced schedule at work but didnt tell me that would make me no longer an asst. supervisor and my pay would be reduced by 1.80/hr!! My options are to stay to commited to a schedule I really do not believe I can fufill or move to less hours but such a pay cut idk if I can do that either. It is quite a predicament and I am wondering if they can really take tha much money away from me because of a medical nessecity to reduce my hours.??? I dont feel blatantly discriminated against but they already have me onprobabtion and that is a posturing to fire me when they get any reason? Any opinions advice or just encouragement is gratly appreciated! Allie
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I did that because I wanted to make sure I wasn't sending you on a needless search. I read the nmss ADA brochure in it it said(and this makes sense)
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If You Need Help
The first step to take is a telephone call to your chapter of
the National MS Society. They have information on the
ADA and on local and state laws that may apply to your
situation. Information on enforcement is also available
from them. It is wise to act quickly if you think action is
needed. In employment-related matters, for example, you
may have only 180 days from the time a discriminatory
incident occurs to make a formal complaint.
The ADA has established Disability and Business
Technical Assistance Centers to provide information
and referral, technical assistance, public awareness, and
training on all aspects of the ADA. To contact your
nearest center, call 800-949-4232 (V/TTY), or visit their
Web site at www.dbtac.vcu.edu.
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The phone number to the National MS society is..
1-800-FIGHTMS(1-800-344-4867). At that number they have operators to listen to your issue and give direction. I have found them helpful when I called about various issues. The phone number is easy to remember too.
The web page for the employment information and a link to the brochure I copied the above paragraph is found here....
http://www.nationalmssociety.org/living-with-multiple-sclerosis/employment/knowing-your-rights/index.aspx
Good Luck. MS causes some really undesirable situations for us!
So if you can find a job description for the job that pays $1.80 more an hour and if it says the person must be able to work 42.5 hours, then I don't think there is much you can do about it. But if the CURRENT job description does not say that, then I believe you would have an ADA case. What is important is that you get a copy of the CURRENT job description and have it certified in case they change it after your request for reduced hours.Any bank has notarary public people who will certify the date of the copy, in case the job description is changed.
And call the NMS phone number to get resources and actual facts. I don't know the details of ADA. I'm just speculating on possibilities. Call a phone number that can get you the actual details. I think if the $1.80 job description requires the 42.5 hour week, I don't think there is anything you can do about that...but still the probation issue requires you to talk to someone knowledge-able.
Good luck!
There is a limit to what your employer has to do to accomodate you. One clause says something like, 'unless it proves to be an undue hardship for the employer'. This statement lets them do more than you think the can.
Just being fair, bringing up all sides. How fair is it for your company to keep you at your original pay, and either have those you work with pick up the slack, or hire another person to do it. There are limits.
There is no promise that life will ever be easy, and it also may seem unfair. Either you're able to do the job, or you can't. It sounds like your company has tried to help all they can. Do you really expect them to pay you the same wage, while you're able to less and less time, and do less actual work? How fair is that?
The important piece is whether this change was clearly stated to be an accomodation you were requesting due to your disability. It is possible that even then, they can reduce your pay. From what you have said, your work history indicates that they may have been able to require you to make up the hours in a hurry, and may say that the accomodaton of allowing you to work at a slower pace in accumulating hours, points, is an accomodation in itself.
You don't say why you are on probation. Have other people been put on probation for similar acts?
Alot of the question is... are you being treated differently than people in the same, or similar enough postion, who are not disabled, and not just how you are being treated.
It is important to always put things in writing. For instanc, if you do contact an MS organiztion, and then you do contact HR, be sure to email and keep a copy. If this is not possibel, keep a record of who you speak with, the time and date.
When you were granted the position change, did you recived or submit anything in writing that shows the circumstances?
Remember, most of the time, discrimination laws are about being treated differently than others in the same situation. However, there are circomstances where your disability requires that different actons be taken.
Keep careful records, be sure you understand the rules, and whenever possible, have someone around who can verify the things that are said.
Good Luck
I don't mean to sound discouraging, but it is important to know what to look for and what to ask, as well as what information to give people to help yourself best.
If you believe that you are being discriminated against, do everything you can to fight it.