My Intro Before Seeking Advice

[mmcphee7117]

Awesome responses all around. Thank you all very much. I will begin looking into a lot of your suggestions and will try to get back with an update soon.

 

[mmcphee7117]

Welcome to the forum. As a Healthcare Administrator I understand your employer's concerns and there has been some great adivse already given.

I would suggest that you speak with your Equal Opportunity Officer or ADA specialist at your company. I am assuming (I know bad idea) that you have been diagnosed with PTSD. PTSD is defined as a disability and protected under the ADA.

You must meet one of the following criteria to meet the legal definition of having a disability.
(1) has a physical or mental impairment that substantially limits one or more major life activities: quite evident that your PTSD affects your ability to perform you job at the same level as your peers who do not have PTSD. The fact that you are going through this by definition “substantially limits” a major life activity.
OR (2) has a record of such an impairment: Diagnosed thru VA
OR (3) is regarded as having such an impairment: Are you being treated for PTSD.
Now this is very broadly defined and easily rebuffed by those that don’t understand, but the courts are on the side of the individual that has a definable disability.

This does not mean that your employer has to keep you in that job, they will give you paid admin leave as they try to figure out how to proceed. As a reasonable accommodation they can move you to a position that has equal pay and equal or greater opportunity for advancement. If they move you to just equal pay, then they are not making a reasonable accommodation. However, they can offer you a job with just equal pay and give you the opportunity to be re-evaluated at a prescribed date and moved back to your original job. I am not a lawyer, but I have to deal with the ADA as part of my job. For more information contact a local ADA advocacy group or a ADA experienced lawyer.

I hope this helps.

This is great info as I do meet the above criteria. My only question would be, because I did not inform my employer upon being hired about my illness are they not able obligated to operate in this way?

 

[Lurch]

It should not depend on when you get diagnosed. They should give you some paperwork to have your doctor/therapist define what your limitations are based on your disability. Based on these limitations, they then can assign your work/schedule.

One possibility is to give you an area to decompress after dealing with a difficult patient. You well need to work with your company trying to find a solution. Remember it has to be a reasonable accommodation and not the perfect solution. It is a give and take. Be patient and willing to work with "management" and to perform.

 

[Lurch]

mmcphee7117 remember you have a disability and not an "illness". This is a big difference. An illness is NOT protected while a disability is protected. I know some will say semantics, but a big legal difference.

 

[Jimmy1]

This is great info as I do meet the above criteria. My only question would be, because I did not inform my employer upon being hired about my illness are they not able obligated to operate in this way?

Mate, I don't live in the U.S.A. but over here ignorance is a great excuse. If you were not officially diagnosed with PTSD before taking on the job there should be no probs, even if you were diagnosed, you can plead that you thought you could handle it and did handle it for a while until it all got too much. If they tried to take you to court, you get a good psych lawyer to start drawing circles and diagrams that will confuse the best of people.

I think you will be fine though, you see, some employers are scared of what they don't know. They think PTSD means you going around losing it like 'Rambo', kind of like people being scared to touch someone with AIDS. Once your employer knows you are just a returned veteran trying to get on with his life, they should be cool. I think putting you on admin leave is a good thing, it is giving them time to think about it. Once you have a clean head, go see your boss and ask about their intentions.

Just my opinion.

 

[vikingr12]

Jimmy (as usual) is absolutely right. I worked for a consortium of manpower programs and the ADA is not real nice about denying benefits or denying rights to the disabled, especially vets. And Lurch could not have been more clear. Great post.

When you do talk to anyone about your PTSD, I have learned not to show any sign of anger. (Or I should say, I try not to show anger.) Anger comes naturally I think after the long march around various offices.

When you are diagnosed with a disability, other programs open up for you. I am positive your State (not local) unemployment or disability office has a list of things disabled vets are qualified to receive. States differ on HOW they implement them however. I won't name names but some in the US are completely helpless about any program for anyone. Go up the tree if they can't help you to the federal level, Department of Labor. Send a letter to the REGIONAL office, and COPY Washington, indicating that copy on the letter. No help, then go to your congressman with the letters in hand. They will not be pleased to see you, so keep your temper. They will talk about you when they check the facts. It helps if they say "He does not seem angry at all."

Just some "ins and outs" I learned as a bureaucrat. No guarantee. You turn them upside down, all bureaucrats look the same.

 

[OldDoorGunner]

Hi McPhee and Welcome. Here is a good site to learn about dealing with the VA. The VA hate this site, www.vawatchdog.org/ lots of good info here.....

J R

 

[Spock]

Welcome McPhee!