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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5204
Experience:  Exclusively practice labor and employment law.
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I work department of corrections. I started to have heart

Customer Question

I work for Tx department of corrections. I started to have heart problems where it would beat 178 bpm and get lighted. I went to my doctor to get a note because if I fainted while doing my count a offender could do anything to me without notice or before help could get there. They made the doctor put the diagnosis on my notes which I thought was against HIPPA, still I did it. I was waiting on papers for short term disability which took a month. During this time they cancelled my health insurance and holding my latest check for 2 weeks past pay day. Also HR said it was way less than my regular wages and HR has not helped me at all during this. I was going to pick my heart monitor on 2 September and they cancelled my insurance on the 1st, so I had to sign up for Obama care insurance to get my doctor to reorder the heart monitor. I am on leave without pay and just received my STD paperwork to take to my doctor today. My father had a stroke and found a hole in his heart and his father died of a massive heart attack. That is why I am trying to figure out what is wrong with my heart and TDCJ hasn't done anything but make it harder and I am still in my lease with the apartment complex but staying with my parents because I am scared of my health. Is there anything I can do because my parents credit cards are maxed out helping me out. I have even been looking for another job during this whole process.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

You can claim here violations of of the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). The employer should have accommodated you and maintained your insurance while you are on a medical leave. Rather, what appears to have happened here is they just put you on leave without pay. You could file claims with the Department of Labor and Equal Employment Opportunity Commission individually (those are the agencies responsible for FMLA and disability discrimination claims) or you can retain an employment lawyer who would essentially consolidate your claims and negotiate with the employer or file a lawsuit on your behalf.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
I just started working there in April so they told me I did not qualify for FMLA until I have been there for a year. My Doctor also told me today its very hard to be qualified for short term disability which is the only thing i can do beings i definitely do not qualify for FMLA through the prison
Expert:  John replied 1 year ago.

I see. The ADA piece of it though requires that they attempt to accommodate your disability. No such accommodation was made (or even the ADA accommodation conversation with employee). So, you still have that option. With regard to your STD or LTD, there are appeal rights if you are declined coverage, but I would recommend at least that you retain an attorney to represent you at least on the appeal, because clearly you are not able to do that particular job at this time.

Expert:  John replied 1 year ago.

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