I feel for you and what you are going through. As it is I think you are amazing doing 8 days in a row. I don't know much about American health system workings and I know some bosses will just find a way to get rid of you if you cause trouble.

So your choices are?

Leave and go on disability or get a new job

Fight them all the way for those that have been treated like crap and for yourself

????

Your meds cost 3 grand a month!!! Is there a cheaper alternative, sometimes you take away the brand name get the generic and its so much cheaper. Sounds like someone in HR there has a clue so maybe approach them before they change your hours and see if you can work something out. It sounds like you are valued so you might be surprised (at least I hope so).

For me I had to leave as I was termed a health and safety hazard. I wish I had of held out for medical retirement but I gave up and just went on disability.

Whatever you do I am sure there will be people with ideas and we are always here for support.

Good luck

What is medical retirement?

I guess I am niave but I thought if you tell your employer that you have an ADA illness and are asking for an accomodation...don't they have to abide by that...assuming it is reasonable? I am sure it would be reasonable to ask to remain on a day shift since you have a sleep disorder. That would be a reasonable request. If they fired you ...you would then have an ADA case, right? Is it the fact you don't want to have the potetial for an ADA case? That would seem intimidating, but I would think it would be a cut and dry case if they refuse to abide by a simple ADA request. Again, maybe I am being naive. Someone who knows the deal please set me straight!?
Thanks,
HappyHappy

it is a matter of how far you want to push it....ADA is for REASONABLE accomidation...your friend asking for a wheelchair in a prision seems like that was the wrong job...i can not imagin anything that you do ina prision that would alow you to use a wheelchair...im thinking that if you cant run froman inmate that went off there rocker then bad place but that is MY opinion...now asking to be kept on a set scedule is not unreasoable...i dont understang the whole rotating shift thing anyway becasue long term causes shift disorder. I think that it shoud be outlawd because it does not make sense.....if you want to fight it then remember you MAY get fired.....BUT if you do you have a SOLID case for false termination and in the end COULD get a good settlement......and the satisfaction of ticking off the boss.....if you do file be ready to get a layer and fight it all the way.....

oh and DONT quit make them fire you and state WHY.....good for your case and unemployment and getting dissability

Thank you all for your replies, to answer a couple of your questions:
Funtabulous- No I have tried most of the alternatives for the medications. What I have is what works. Thank God. I have talked to other people who nothing works on them. I am at least lucky Xyrem and Adderall works. Congress just should allow pharmaceutical companies to charge reasonable rates. Each month the meds seem to cost more, since the insurance pays for them. I can't imagine it costs that much to make it. I know research but come on. If I am fired I'll lose my medical and I will never feel good again, because I can't afford them myself. Not right is it. Can you tell me the difference between ADA and medical retirement?

happyhappy- No an employer does not have to grant an accomadation if it proves to be a hardship for them. Their only hardship though is they are so rotten to work for that nobody will stay so they are short staffed.

wanting coffee- I live on top of a mountain range. We have gotten 2 1/2 feet of snow overnight. The prison that I work for does not keep the walks clean. People withour M.S. can't get there without falling. We get severe ice storms too. The man was a counsler he could walk, not run, but couldn't get to his work station because of the walks. And as far as quit, no way, I don't work in a prison because I am afraid of anything. The only reason they rotate shifts is because they only work 2 nurses on the 3rd shift. They have 2 days off a week that somebody has to cover, and their vacation. Other than money there is no other reason.

I can still work if I have my medications. If I am fired, I can't work because I can't afford my medication. Therefore I can't drive either. All I need is to work one shift. So that is the delema. Risk losing my job, which is my well being, since no other medications have ever worked. My freedom, I would be afraid to drive if I can' t take meds. Or let them bully me into compliance. Ruin my health by mnaking me take uppers and downers at inapropriate times, and cause migranes that make me scream in pain. Not an easy choice.

Tired - I don't live in the US so I have no idea what ADA is. Over here in NZ medical retirement is where the place you work for retires you and pays you retirement money.

I think it sounds like you are just going to have to go through and try to fight to keep your hours and document everything and I agree with wanting - make them fire you, it gets you onto disability (if thats what you want) and remember it's not your fault you have N, it is your works fault for not accomodating you.

And I understand how some workplaces can pretend to be sticking to the rules but manage to get rid of you anyway. stick to your guns, get it all in writing, write down things said to you and date it and time if you can. Don't give in, but realise that if it doesn't work out you will find a way to get through it and you will be happy again

HUGS

Tired-

I didn't have time to read anyone else's responses to you so this might be a repeat.

ANY company, especially government run companies, have to abide by the ADA/FMLA laws IF they employee at least 50 people. Being a prison I would assume that they have at least that many employees.

Also you must have been employed by them for at least one year and worked a minimum of 1250 hours in the year before asking for FMLA.

Now, there are two things to keep in mind one is are you asking for accommodations like special schedules as you explained you had been getting, or are you asking for time off, to avoid the migraines, due to your medical condition?

You are entitled to both accommodations.

FMLA-Family Medical Leave Act, this is an unpaid medical leave due to a medical condition that qualifies under the law. For more details and things google FMLA. But in essence you are entitled to up to 12 weeks unpaid leave to for your own medical condition or a parent or child's medical condition.

This can be taken all 12 weeks at a time, but for chronic illnesses, like bipolar or narcolepsy, you can take it intermediately. That's where you could use it to call off for the day or two you need to get straight on your meds between shift changes.

I can't remember the rule #/ law name of the other but yes, the company has to accommodate you IF it doesn't create an undue hardship to them. Unfortunately if there are that many people leaving and you were to ask for a scheduling accommodation they could very easily say that due to short staffing they cannot give you the same schedule you had.

HOWEVER, they absolutely canNOT fire you for asking. That is totally against many different laws. So you should at least ask for the accommodation. Put it in writing, from this day going forward I would put everything you request in writing. And make sure their responses to you are in writing.

That way if they do fire you after requesting any accommodation, or if you get approved for FMLA, and they fire you after calling in, again illegal due to discrimination laws.

To file for FMLA all you have to do is tell your HR representative that you need to file for FMLA and they are required to give you the documentation. Keep this in mind though, you usually only have 15 days from when you get the official letter they send to have your doctor fill out the Certificate that is in the packet. If you don't get it done in their time they will automatically turn you down and many companies make you start the whole process again.

The other thing you want to make sure of is to do everything those papers and your company's rules say. For example many companies make the employee call in within 24-48 hours of being sick and needing the day off. When you call off make sure you let them know it is on FMLA time. Keep track of all the hours you use because 12 weeks can go really fast, especially with Narcolepsy. I blew through my 12 weeks in about 5 or 6 months.

There's quite a bit to know and remember. I tried to put everything here but am kind of rushing right now. Do a search for FMLA and that will help you understand it a lot.

Like I said I can't remember the other act or law but I will look it up later tonight and send you a message.

It really upsets me to hear when companies jack around their employees with disabilities!

If you have any questions just ask. I used to be a human resource administrator and did medical/dental benefits too.

Kimmers

You say that the person with MS asked for a wheelchair and got fired. Are you saying he asked your employer to supply him with a wheelchair? I can see where that would not be reasonable. However, if he was only asking for wheelchair access (perhaps a change in where his work area is - such as if he sits and works in the computer room where they are surrounded by monitors for all the camera images as well as opening/shutting doors from one section to another) Or if he works in your area a rearrangement for him to reach his work area would be helpful.

They may have fired him, but he now should have a pretty good case against him. My son was a CO in our states Supermax, and my neighbor is also a CO same building (psychos, solitary, etc).

There is a site called JAN - Job Accommodation Network Office of Disability Employment Policy of the U.S. Dept. of Labor. Their website is http://www.jan.wvu.edu/media/slee.htm

Take a look there and find the section on accommodations for sleep disorders.

In a perfect world, I would say that your employer's problem of maintaining employees shouldn't be your problem, bu reality is things like this are happening all over. Only you know what kind of relationship you have with the people in HR. Perhaps there is at least one person who you can trust (somewhat) and in your nicest , kiss ass way, acknowledge that this recent loss of employees must make their job so much harder, yada, yada, yada. Mention that you sure hope they find viable people to resolve this employee shortage. Then express your goal is to do a great job for them, but without some moderate changes to accommodate you, it would only mean that they would end up losing yet another nurse.

Back to my friend over at Supermax. She too is a nurse there. She is tall, shapely and beautiful. However, on the job, she is nothing but professional, plays down her looks, always dresses appropriately and stays out of anything that would even remotely look like she is inappropriate in any way. However, she is continually being sexually harrassed, not by inmates but the other CO's. She reported it and nothing was done, and the harrassment only got worse. She is currently in the midst of a lawsuit against the prison for the sexual harrassment and their coverup of it as it is a 'good old boys' situation. She found herself an EOE attorney and continues to work during this ongoing problem.

I agree that you should not quit if at all possible. Letting them fire you would be better. Document EVERYTHING! Write down any and every conversation, or communication about this problem and your employer's lack of accommodation.

They will bend over backwards to find a reason that you are unfit for your position, hoping to make you quit. They will do things to you to make you quit. Just document away. Fill up a notebook if you must. Don't fall for their crap because it is just a ploy.

Good luck. If it doesn't work out in your favor, I know none of us wants to hear this, but when one door shuts, another opens. Hang in there and vent away on here. We can take it.

Funtabulous,

Here in the states they just call it a retirement fund. A lot of companies put money into your retirement fund for when you retire.

The problem is very few include any kind of benefits. You have to go on what is called COBRA insurance. This is extremely expensive where the person has to pay the full premium, the employer no longer pays a portion. COBRA insurance however is only good for at the most 18 months.

You can do that or pay for private medical insurance. It is almost as expensive and not nearly as good as the insurance you had while employed.

Here in the states we don't take care of our people. The companies have taken over and we are all at their mercy. Grasping for peanuts when they throw them to us.

I worked for HP, they are a huge worldwide company. HP is Hewlett Packard. When they bought our company, EDS, I knew then we were on our last ropes. I don't know of a big corporation that doesn't screw their workers.

Not too long after they bought us they cut our pay, yet the CEO and CFO were making around 12 million a year. Then not even 3 years of them purchasing us they "downsized" us and we all lost our jobs. Why? Because they weren't making a profit.

The absolute worst part that made a lot of us sick to our stomachs was that the then CEO did some kind of shady thing and was forced to resign. Yet they gave that SOB a 12 million dollar severance package.

They couldn't afford to pay us but can give this many that used company funds inappropriately a 12 million dollar severance. I mean really now?

I swear New Zealand is sounding better and better these days. The other BS part is that our government is talking quite seriously about cutting our social security funds, this is the fund that our disability payments come from.

On top of that it's ALWAYS the low income programs they cut when they need their money. Same thing there, I wish anyone of our politicians could live in our shoes for just one month. Maybe then they would see just how we struggle to make ends meet with what is offered.

If I get approved for disability I will still only get around $1000 a month to live on. I am used to bringing in around $1500 a month, and that barely covered all the bills.

I am lucky in the sense that i have a disabled child and if I get approved for disability he too will get a check for a couple three hundred dollars. Plus I get a small amount for child support.

Once I get approved I won't be doing so bad but right now am living on $900 a month and after rent I am left with less than $200 to pay for all utilities, food, medication, and basic living things. It sucks living in the states to be totally honest.

Oops, hold on, let me get off my soap box again. :-)

Take Care,
Kimmers

Or is this the one?

All I can say is you have my support. I admit not in exact situation. I work in a resteraunt only PM shift. Set schedule. I picked up a lunch this week. Still feeeling off kilter. I give you alot of credit. That I must say. You are right insurance is difficult to live without. I have private. But got before diagnosis. Always afraid they will find excuse to drop me.

I know thats not advice. But I do admire you. Maybe you could start looking into other job. Maybe home health care. Has a more flexible schedule? I would maybe also speack to lawyer before the schedule
change even happens. Or if you have Union rep. Talk to them too. They should have your back. I would do both. Good Luck! And please keep us all posted.