Ashley
Springfield,#2Consumer Suggestion
Tue, April 28, 2009
I did some research for you and diabetes can sometimes be classified as a disability under the ADA. http://www.eeoc.gov/facts/diabetes.html It does state in the article that if you miss work you still need to follow the guidelines laid down in the FMLA. So if you did not see a doctor every time you missed work for your diabetes, then the employer could discipline you for unexcused absences. This is the important part, if they violated this I would talk to a lawyer: 8. What types of reasonable accommodations may employees with diabetes need? Some employees may need one or more of the following accommodations: * a private area to test blood sugar levels or to take insulin * a place to rest until blood sugar levels become normal(6) * breaks to eat or drink, take medication, or test blood sugar levels Example: A manufacturing plant requires employees to work an eight-hour shift with just a one-hour break for lunch. An employee with diabetes needs to eat something several times a day to keep his blood sugar levels from dropping too low. Absent undue hardship, the employer could accommodate the employee by allowing him to take two 15-minute breaks each day and letting him make up the time by coming to work 15 minutes earlier and staying 15 minutes later. * leave for treatment, recuperation, or training on managing diabetes(7) * modified work schedule or shift change Example: A nurse with insulin-treated diabetes rotated from working the 6 a.m. to 2 p.m. shift to the midnight to 8 a.m. shift. Her doctor wrote a note indicating that interferences in the nurse's sleep, eating routine, and schedule of insulin shots were making it difficult for her to manage her diabetes. Her employer eliminated her midnight rotation. * allowing a person with diabetic neuropathy (a nerve disorder caused by diabetes) to use a stool. Footnote (7) under the leave for treatment and recuperation: 7. An employee with diabetes also may be entitled to leave under the Family and Medical Leave Act (FMLA), which provides for up to 12 weeks of unpaid leave for a serious health condition. The U.S. Department of Labor enforces the FMLA. For more information, go to www.dol.gov/esa/whd/fmla/. Hope that helps you learn your rights!
Keith
Keansburg,#3Consumer Comment
Tue, April 28, 2009
Ashley, Yes diabetes is a disability. If the OP was discriminated against, contact a lawyer ASAP. I am also a diabetic who has had bouts of DKA, so I know what the OP has gone through. Employers need to be taught that a 500 pound person who can't stay away from Big Macs is not disabled, but a diabetic is!
Ashley
Springfield,#4Consumer Suggestion
Mon, April 27, 2009
Is diabetes classified as a disability? That is the first thing you need to find out. If it is not classified as a disability then you aren't covered. The other question, when you had your episodes did you bring notification from your doctor of treatment for your condition? Under the FMLA, which would cover your diabetes, an employer cannot terminate you as long as you follow the rules. You need to visit a doctor when you get ill, and sumbit paperwork over the illness from your doctor. You will need to visit again to get a release to return to work. As long as you are taking these steps you could not be fired. If you were just calling in because you were having issues with your diabetes, and you were not going to a doctor, then you could be terminated for this.