TLDR: I have chronic migraines that make me miss work. I was written up for these abcenses, told I would be fired if I continued to miss work, and didn’t recieve our monthly bonus because of it. Is that legal (USA)?
Full story:
I have severe chronic migraines. I’ve been seeing a neurologist for a few years now, and am trying to figure out how to manage them. Without treatment I was having headaches everyday with 3-4 migraines a week. With treatment I currently see ~2 a week. They typically start in the morning right before I wake up or 2-4pm, and more sporadically if certain triggers occur.
Because I’m new I can’t qualify for FMLA. So when a migraine occurs on a work day I miss part of the day but do work some that day, but rarely the full day. The time I’m miss is to migraines or dr appt is unpaid because we don’t have paid sick leave and minimal PTO.
When I’m out I notify my work before I need to be out, and let them know updates on when I will be coming in. My supervisor is not very understanding of this. I was asked if I would be willing to share health information so they could know what was going on. I offered to get written documentation of my condition and explained what migraines were and the medication I take to help prevent them.
They asked what could be changed to help reduce them. I mentioned that the office lighting was a trigger, I also said that a flexible work schedule or hybrid option would be beneficial. I noted that at a previous job being remote during COVID lock downs helped reduce the time I was out for migraines, and that integrating work from home days may help. My job can be done fully remote (and has been when coworkers tested positive or if weather is bad). When I’m in the office I almost never talk to others in person, almost all communication was on email or virtual meetings. The most interaction I have with people is passing them on the way to the bathroom. I asked if I could have a later starting and stoping time (30-60m later), or if I could possible work from home on migraine days to cut back on time on time that is spent on getting ready/commuting.
They asked if my doctor could make any treatment changes. I explained that limitations my current medications have and said that I could talk to my doctor about it but I couldn’t get an appointment for a couple of months because of the health backlog.
They said that a different start time wasn’t an option because the office is strict with its work times. They mentioned that I could possibly still work later in the evenings if I had a late day, but never followed up with getting me the security information I would need to stay. They also said that work from home was not preferred because of how our department is viewed by the rest of the company due to its traditional culture. They mentioned possibly having a single day at home until my appointment but that never fully happened. The bought a cover for my cube. They said that we’d check in after I met with my doctor.
During that time between my supervisor was very persistent in their concerns about me being absent. They asked if I had considered getting a piercing to help my migraines or if I had told my doctor how many migraines I get. They said they were shocked that someone as young as me could be this ill. They said that my absences impacted what we could achieve. They said my work quality is great and what they need but they want me to do more.
I disagreed about on my productivity, but didn’t say anything. My work has been consistent with deadlines and delays presented to be from my supervisor or other coworkers. Many of these delays come from my supervisor due to either poor communication from them or lack of response altogether. Issues that my other coworkers also have with this person. I told them that I understood their concerns and would have an update after my doctors appointment like we discussed.
My doctors appointment happened and a week after I was pulled into a meeting to see if there was improvement, and to also let me know that I was being written up for the amount of time I had missed because it violates the companies excessive absence code (that’s nonspecific about time). I was told that if they didn’t see a significant decrease in absensses within 30 days I would be terminated (which means no healthcare). Again they mentioned everything I did was great, they just wanted me in the office more. I also did not get our monthly bonus ($100) for the company hitting above sales estimates, because a write up dissqualifies you for that month.
I’ve talked to my coworkers about it and that they disagree about it being an issue, saying that it had never been an issue for them and that I’ve always been available when they needed me, and that I always get them what they need. They mentioned that they have also been having issues with supervisors expectations and critiques.
It’s very frustrating and I don’t want to have to find a new job.