This topic is about a person who has been dealing with stage-4 colon cancer since 2013, which led to the removal of most of their colon and bladder, resulting in a urostomy. Despite these significant health challenges, they have been working full-time for three years. During a recent performance review, the only negative feedback they received was to "take fewer sick days." Over the past year, they used 10 sick or flex days for various health issues, all covered by accrued leave. They are now wondering if their employer can criticize them for medically necessary absences and how they can seek disability status or other workplace protections.
Here are some helpful insights and advice:
1. Family and Medical Leave Act (FMLA)
- You likely qualify for FMLA, which means once approved, your employer cannot penalize you for absences covered under this act.
- Keep track of your absences under FMLA to ensure they are not counted against normal attendance policies.
2. Americans with Disabilities Act (ADA) & State Human-Rights Laws
- Chronic conditions requiring an ostomy usually meet the ADA’s definition of a disability.
- You can request reasonable accommodations such as flexible scheduling, extra restroom breaks, or remote work if possible.
3. Short-Term Disability (STD) / Long-Term Disability (LTD) Through Employer Benefits
- Check your benefits package to see if these options are available and discuss them with HR and your doctors.
- Have your doctors document how your ostomy care, diarrhea, fatigue, and other issues limit your ability to work.
4. Social Security Disability Insurance (SSDI)
- If working becomes too difficult, consider applying for SSDI.
- Be ready for a potentially lengthy approval process; many people use disability lawyers who often offer free initial consultations and are paid only if the claim is successful.
5. Legal & Advocacy Support
- In the U.S., disability attorneys, state vocational-rehabilitation services, or ostomy/cancer advocacy groups can provide advice on your rights and help with paperwork.
- If you are part of a union, they can offer representation in disputes over leave or accommodations.
6. Documentation & Communication Strategies
- Keep a detailed record of your symptoms, medical appointments, and instances when your ostomy or diarrhea prevents you from working.
- Provide HR with medical certification for FMLA/ADA accommodations.
- Consider sending a written request to management outlining your needs and legal protections; polite but firm communication can often prevent future issues.
7. General Encouragement
- Many people emphasize the importance of standing up to "bullying" tactics; exposing unfair treatment can deter employers concerned about their reputation.
- Others stress the importance of fighting for your entitled benefits and not letting discouraging remarks stop you from seeking the help you need.
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