Thread: Legal question
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Old 06-13-2009, 06:40 PM
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Join Date: Aug 2006
Posts: 10,329
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Hello ... finally popping in here ... i'm a bit of a slow poster these days. rough times. well, better late than never ...

welcome to the forums!


Quote:
Originally Posted by dogodlvr View Post
Under Policies and procedures...fit for duty
it basically says
Employees are required to inform their managers or Employee Health and Wellness if they are taking any medications that may affect drowsiness or mood changes and must submit a confidential form to employee health from their provider regarding theuse of a particular drug or treatment for a medical or psyciatric condition that may interfer with his fitness for duty.

employees who fail to do so or refuse to comply will be suject to corrective action, including termination of emplyment

this kind of binds me dosent it
well the way it reads yes, but i would question its legality before coughing up any info coz, once you do, there's no going back.

Here's my thinking:

An employer cannot set a policy and require employees to follow it if that policy breaks laws.

I encourage you to research this via external sources - like the

National Institute of Mental Health - http://www.nimh.nih.gov
or the
American Medical Association - http://www.ama-assn.org.

You do need to find out whether specific categories of workers, such as those in YOUR specific capacity are generally obligated by law to disclose certain health conditions or disabilities, and if not, whether in such cases employer discretion is legally allowed to require disclosures of this nature.

You may find out that yes, for your profession their policies are legit. but if their policies are in contrast with the laws on disabilities, and there are no exceptions made based on profession, then it seems to me you could ignore the policy as it would be null and void in the face of the law.

To make absolutely sure what your rights are, and any obligations, you might want to actually talk to someone by phone at one of the governing agencies to clarify your position. It would be a pity to risk discrimination due to a coercive disclosure based on an illegal hr policy. On the other hand, if your profession is indeed a "special case" you clearly must not risk your job.

I wish you good luck and let us know what you find out as you go along.

~ waves ~

p.s. i was concerned when i read you were looking for lithium in supplement form - until i read your post that you do have dosage indications from your doc! that was my concern. keep us posted on how that goes too.
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dogodlvr (06-15-2009), Mari (06-14-2009)