Monday, June 12, 2006
Is Working While You Have HCV The Right Decision?
If you're having major problems with fatigue, mental concentration, and other symptoms that are keeping you from holding a full-time job, a part-time job may seem to be a good solution. However, keep in mind that if you change your official job status from permanent full time to permanent part time, you may also change your insurance coverage, retirement plan, and other benefits. Company policies may be less flexible for part-timers than for full-timers. It may be difficult to switch back to full-time status. If your medical condition gets worse and you need to apply for Social Security Disability Insurance (SSDI), you may not qualify for full SSDI payments if your last permanent job was part time.
Be sure to find out all the details of part-time status from the human resource department before you make the switch. Perhaps you can arrange a temporary reduction in hours (and pay) that will let you keep your full benefits while you're recovering from hepatitis symptoms or treatment.
Can I use the Family Leave Act?
The Family Medical Leave Act (FMLA) says that if you have worked for your company full time for at least a year, you are allowed to take up to 12 weeks of unpaid time off every year (either on consecutive days or on an intermittent basis) to take care of your own serious medical needs. (Your spouse, child, or parent could also claim time under the FMNLA to take care of you if you are seriously ill.) If you return within 12 weeks or your period of absence does not exceed 12 weeks, under the Act your employer must give you your job (or an equivalent job) back when you return. Make sure you talk to your boss about the FMLA, and whether it applies to you, before you take the time off. Again, many states have laws which provide similar protection. For any particular situation you should consult a lawyer in your area.
If you think that your employer isn't willing to be as accommodating as you want in adjusting your workplace, you can contact the local office of the Equal Employment Opportunity Commission (EEOC), which handles ADA complaints, to look at your situation. (See the Resource List to find out how to contact the EEOC.)
You can also contact the Department of Justice, which operates the ADA Mediation Program. The Mediation Program provides federal mediators, or peacemakers, to try to work out such disagreements. (See the Resource List under the Americans with Disabilities Act Information Line to learn how to contact the Department of Justice in your region or the central office in Washington, D.C.) Every state has at least one mediator to step in and help. If that is not successful, you may still be able to sue under the provisions of the ADA.
Can I get disability payments?
Disability payments are often available under federal and state law. The U.S. government provides disability payments to people who have mental or physical problems that the government believes will keep them from being able to work at all. The Social Security Administration (SSA) has a list of conditions that it considers to be disabilities. If what you're experiencing is not on that list, you will have to prove to the SSA that you have a physical or mental condition that keeps you from being able to work.
Proving that you are disabled takes a lot of effort. You'll need proof of that from your doctor and supervisor, and possibly from some co-workers as well. You may also have to prove that you have tried different ways of working - perhaps doing a different job for the same employer, or adjusting your hours so that you can work when you feel best. The SSA may also want to know if you could work at a completely different job that is not as hard physically - say, instead of being a truck driver, if you could work as a dispatcher, or instead of being a teacher, if you could be a secretary. The SSA will want to know about other job skills you might have - if you have a home computer and can program computers, you might be encouraged to get a job doing that.
Do all you can to make it easy for the SSA workers to understand your situation by giving them complete information. It can be frustrating, but try to be patient with the process. It may take months for your case to work through the Social Security system. If you're asked to provide additional information, do so without delay. The time you waste is yours, not theirs!
# posted by Joyfulstill @ 11:54 AM 
