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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I work for the state of PA for 10 years. I have used intermittent

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I work for the state of PA for 10 years. I have used intermittent FMLA for several years for the same conditions. I have recently experienced (with a new coordinator) several issues probably 1-2 a week for the several weeks since she started. I have two separate forms from the same doctor for differing conditions which she combined and is now saying my physician has to update them (they were fine since 6/28/13) so that they are combined. She also gave me the frequency and duration that they are supposed to be amended to by my dr. This is becoming a constant battle, and is affecting my work at this point because I'm always dealing with her and paperwork. Any suggestions. This is just a tip of the iceburg email. She has already had to rescind 2 of her errors that were in the state's favor.
Thank you for your question. I am a licensed Pennsylvania professional. Please permit me to assist you with your concerns.

I am genuinely sorry that you are being hassled. What specifically are the issues, are they claiming that the two issues have to be combined? How long have you experienced both issues at this point?
Customer: replied 3 years ago.

I have had the first issue for 6 years and the second for 2-3 years.

Thank you for your follow-up, Kelly.

What assistance has the Union provided at this time, if any? What did they do to assist?
Customer: replied 3 years ago.

Really none, they keep saying to "play the game" But I'm on my second level of discipline, the first for an intermittent hour that I didn't realize was over my entitlement and the second because they said it didn't fall under fmla (I have the first for anxiety/depression second for insomnia and migraines, but ive always had "one" condition) I was upset and scared and didn't sleep before a dr apt that turned out to be an infection and they denied the time due to an infection not being related to my conditions. So they had me submit paperwork for the infection, which required a dr visit and a follow up test by a nurse, I used 4 hrs, but my dr said that if untreated it would have led to hospitalization (thus more than 3 days off) and that I woud need two visits a year for the condition. That was also denied.

Thank you for your follow-up, Kelly.

I am assuming that you solely believe that all this is based on your impairments, both the behavior you are being exposed to and the disciplinary actions. Here, you may want to consider escalating this situation to the PHRC, or the Pennsylvania Human Rights Commission (which is PA's version of the federal EEOC). There you can formally file a grievance for a claim for discrimination on basis of disability, provided that you can show that their behavior is solely related to your impairment. While an employer generally has some discretion toward what is permitted and what isn't in terms of time off, a medical concern, especially one tht is formally recognized as such by medical evaluations, makes it far harder for the employer to justify their denial.

Hope that helps!

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