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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19105
Experience:  B.A.; M.B.A.; J.D.
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In April, I applied Intermittent Leave (American with

Customer Question

In April, I applied for ADA Intermittent Leave (American with Disabilities Act) due to severe side effects my psychiatrist prescribed for my PTSD & treatment resistant bi polar depression. My HR dept gave me paperwork which I turned over to my doctor. HR informed me that I would be able to take the time off I need but that the paperwork must be received in 15 days. My doctor submitted the paperwork on day 16. During that time frame, I took 3 days off to recover and adjust to the side effects of my medication. Because my doctor submitted the paperwork one day late, I received a documented verbal warning from my job for dependability issues. My absences listed on my corrective action were related to my temporary mental disability caused by a combination of mental illness and medication side effects. My doctor has constantly changed my treatment and states the side effects would alter my mental and physical capabilities. It was due to these incapability’s that I was unable to attend work, follow through with my doctor to ensure the disability paperwork was sent in at the time frame required by HR, and perform my duties to the best of my abilities. In fact, my doctor had to call the police for a health and welfare check due to these conditions during that time. I tried to plead and appeal my corrective action with HR, just to be denied. Is there anything, legally, that can be done to overturn this corrective action? Or is this disability discrimination? I feel it is totally unjust to hold me accountable when I was not in the right frame of mind during that time. The corrective action stays on my file for 6 months and has prevented me from participating in any special projects, advancement, promotions, and additional benefits provided by the company. Any advice would be greatly helpful and appreciated. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

This would be a form of disability discrimination because your employer knew about your condition at the time the corrective action was given. You should appeal the corrective action once more using the ADA. Then, if the employer refuses to rescind it, you may not have a choice but to file disability discrimination complaint with U.S. Equal Employment Opportunity Commission.

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