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Old 06-12-2009, 10:30 PM #1
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Confused Legal question

I work in the medical field, How much do I HAVE to tell my employer? I know I need to get my meds in check before I go back, But do I have to tell them I am Bipolar 2. I am afraid they will target me and try to get rid of me.
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Old 06-13-2009, 12:17 AM #2
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Quote:
Originally Posted by dogodlvr View Post
I work in the medical field, How much do I HAVE to tell my employer? I know I need to get my meds in check before I go back, But do I have to tell them I am Bipolar 2. I am afraid they will target me and try to get rid of me.
Pro and Con answer.
It is almost assured that if you let an employer know that you have a disability that IT WILL impact your employment with them. It did with me. HR came in and asked if I could work the hours and if I was on SSDI.

From then on it was pure He!!. Until they stopped scheduling me.

On the other hand you have no law to disclose any disability. BUT, most employers get a tax break, and if you need days off to get meds adjusted etc, you are protected under the FMLA.

If they know you are disabled and do fire you, they just make it appear that your working is not up to par, and make it a performance issue.....

If it were me, for now, I would just state that you are having harmonal balance issues and am currently getting them under control. Keep a diary of what you are doing, and when you do go back the transition is going to be rough. I would see the T doc to help adjust back.

good luck
di
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Old 06-13-2009, 12:36 AM #3
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There ae alot of people who are bipolar who work in the regular work force.
If you have insurance and want to use it to see pdocs and therapists then it will be in your record. (the specifics won't though)
If you choose to pay out of pocket then it won't...that is I don't think so.
I agree with di, tell them that you are having hormonal balance issues and are seeking treatment.
It is much more acceptable to see someone for depression than for bipolar disorder IMO. In the eyes of the general public.....jsut tell them that you suffer from depression which is true! so you jsut don't have to go into all of that.
I am on my hubbys medical insurance and they know that I am bipolar but I am self employed now so I don't have any other employees or boss to worry about.
I too work in the medical field.
welcome to the forums!
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Old 06-13-2009, 03:00 AM #4
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There is a law called the Americans with disabilities Act. You can report him if he does discriminate,and fire you on a bases of a disability. There are also privacy laws. I don't think that you have to tell them these days. BF
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Old 06-13-2009, 06:34 AM #5
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Hi,
You do not have to tell your employer anything.


If you want the employer to make reasonable accomodations for you, and your employer has more than 15 employees, then you can. The employer will have to follow the rules spelled out in the Americans with Disabilities Act:
http://www.ada.gov/cguide.htm#anchor62335



But as Di has explained, employers find ways to get around the law, and do discriminate.


I have not told my employer.

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Old 06-13-2009, 07:09 AM #6
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Shocked what I found on the intranet for human services for my job

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
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Old 06-13-2009, 07:12 AM #7
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Yeah sounds to me like you need to tell them because it's a mood disorder. Good luck dogodlvr. Hopefully it will all work out fine.
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Old 06-13-2009, 06:40 PM #8
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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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Old 06-13-2009, 10:26 PM #9
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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
Contact te Americans with dsabilities act. This sounds like a round about way to get information to say you are not fit for duty and prevent you from coming back or making life miserable until you do quit.

All I had to fill in was medications, not what they were for other then, as my knee I put two knee surgeries so I would not be able to run, but the job was sedentary. I wrote down the Lexapro, synthroid. Not any side affects.Not any diagx.....BUT they did not pay my health insurance.

Perhaps there is a release to the health provider that would not be seen by the employer.
I know the day I was confronted by HR about my disabilities was the LAST day in peace I had. Every single day was sheer HE!!. When I told them I loved my job and no matter what they did I would not quit, they sabotoged me by not telling me about training, then car pooled and told our director I never showed up.

He wanted me to have a written corrections that I would sign in my file and I refused as I did nothing wrong. I was a cracker jack worker that could not be replaced for working with the high security needs cases. level 4 sex offenders, coming from jail to see the kids, multiple kids with learning disabilities and JV histories.....

But I was removed from the schedule for not signing it.....
I knew it was from HR questioning me, asking if I would be up to working extra shifts......she was a real nasty person I once told her, I would not want to tick her off as my butt would be out the door too....

So I would call the ADA find them online and find out...
Maybe they have a document that states to the employer upon the disclosure of a maintained health problem they will not use this information to fire you, or create a hostile work environment.

I almost had a full out breakdown by the time they took me off the schedule. They locked me out of the office talked about me, had a caseworkers dd an intern trying to do my cases and was not qualified under the quidelines for our Grant from the Federal Gov. for monitored visitations.

Sorry to rant, just work place hostility is extremly demeaning and hurtfull.
di
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Old 06-14-2009, 03:27 AM #10
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Dear Di,

what you went through i believe is termed "mobbing" ... and it goes beyond discrimination... even though that was what started it. the "methods" used... covert exclusion from information then blaming you for not acting on it, (carpools), asking if you were up to extra shifts (perhaps even assuming you were not)... all that in itself is illegal regardless of the reason it is done.

you "might" have had a case against them and got your job back (tho you might not want to accept it with such people) plus some money for the time you were not working, plus moral damages. these cases are hard to prove but it sounds like there was some paperwork involved in your case... and some cases are won successfully. but it is water under the bridge now....

still i am so sorry this happened to you. i am certain it was positively horrible.

Dear Dogodlvr,

once again do please check out your legal rights are through the ADA as Di suggests before exposing yourself to such risk. i thought the two resources i gave you might also be able to give you specific information specific to your field. but perhaps the ADA is the best starting point.

Good Luck!!!

~ waves ~
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