Home Menu

Site Navigation



NeuroTalk Support Groups > > >

Work and migraine

Reply
 
Thread Tools Display Modes
Old 03-04-2014, 08:03 PM #1
Synnove Synnove is offline
Member
  
Join Date: Jan 2013
Location: Florida
Posts: 314
10 yr Member
Synnove Synnove is offline
Member
 
Join Date: Jan 2013
Location: Florida
Posts: 314
10 yr Member
Default
Hi Hedgehog.
I hope you find the answers to these work related questions.

And I hope you and your neurologist can find a good solution for pain control with your migraine issues.

Sorry to interupt. I have a legal question for Dr. Smith:
Say for example, in the case of Hedgehog and the migrane issue, that this was in US, would the law regarding " Americans with disabilities" be used here??? I think there is a possibility that this law would rule, and the employer would have to make acomodation within reason for this disabled employee.
Just a thought
Synnove is offline   Reply With QuoteReply With Quote
Old 03-05-2014, 12:52 AM #2
Dr. Smith's Avatar
Dr. Smith Dr. Smith is offline
Senior Member (**Dr Smith is named after a character from Lost in Space, not a medical doctor)
  
Join Date: Oct 2010
Location: Lost in Space
Posts: 3,515
10 yr Member
Dr. Smith Dr. Smith is offline
Senior Member (**Dr Smith is named after a character from Lost in Space, not a medical doctor)
Dr. Smith's Avatar
 
Join Date: Oct 2010
Location: Lost in Space
Posts: 3,515
10 yr Member
Default
Not only am I not a medical doctor, but get this... I'm not a lawyer either!

That said, the employee would have to prove that his/her migraines are a disability under the law.

Tenth Circuit Holds Employee's Migraines Not a Disability Under ADA
Quote:
In a signal that the courts do not regard the 2008 amendments to the Americans with Disabilities Act (ADA) as a basis to declare every ailment or condition to be a "disability" under federal law, the U.S. Court of Appeals for the Tenth Circuit recently held that a plaintiff who was diagnosed with migraine headaches was not "disabled" under the ADA. Allen v. Southcrest Hospital, No. 11-5016, 2011 U.S. App. LEXIS 25488 (10th Cir. Dec. 21, 2011). Employers should not get too excited, however, as the court did not declare that migraines can never be a disability. It did clarify, in a manner that likely will be helpful for employers faced with ADA litigation, what an employee must establish to claim the ADA's protections.
emphasis mine

I think FMLA would be the easier way to go.

Doc
__________________
Dr. Zachary Smith
Oh, the pain... THE PAIN...

Dr. Smith is NOT a medical doctor. He was a character from LOST IN SPACE.
All opinions expressed are my own. For medical advice/opinion, consult your doctor.
Dr. Smith is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Synnove (03-05-2014)
Reply

« Previous Thread | Next Thread »

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
Work issues - they want me to work part time chaos Reflex Sympathetic Dystrophy (RSD and CRPS) 14 02-06-2014 10:08 PM
Complex Migraine: Hemiplegic Migraine hoppipolla Headache 6 09-06-2013 08:50 PM
I told my supervisor at work that I had a migraine Mari Bipolar Disorder 5 05-02-2009 01:42 PM


All times are GMT -5. The time now is 11:30 AM.


Powered by vBulletin • Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise (Lite) - vBulletin Mods & Addons Copyright © 2025 DragonByte Technologies Ltd.
 

NeuroTalk Forums

Helping support those with neurological and related conditions.

 

All posts copyright their original authors.

The material on this site is for informational purposes only,
and is not a substitute for medical advice, diagnosis or treatment
provided by a qualified health care provider.

Always consult your doctor before trying anything you read here.

Home