I work in a very well known hospital in the PNW. I’ve been with the company for almost 7 years now. I’ve been on FMLA for the last 2 years due to my chronic illnesses and recently applied for disability to have a 32 hour work week to take care of my health, do my appointments, treatments, etc. I waited 6 long years until we were fully staffed to apply for disability. I was really sick the last two months. I’m only supposed to have 1 unexcused absence because I had to take my cat to the vet for an emergency, but I got 3 unexcused absences because my manager screwed up my time card and dinged me for COVID exposures, which, according to the union, are supposed to be excused absences. So 3 unexcused absences in 7 years. My FMLA grants me 9 days a month to be off if I am sick. I don’t take this much time off. A few weeks ago, my manager pulled me into a meeting because my attendance was bad the last 2 months due to my chronic illnesses and COVID exposures which are covered under my FMLA. I’ve never gone outside of my FMLA rights or my separate sick leave PTO.
And I just want to add, that when I am at work, I work very hard compared to all the lazy, incompetent people I work with. I can catch up on all the things I need to do the day after I get back being sick no problem. There are 5 other people in my position when I am not there and my manager is telling me that my illnesses are impacting the clinic, but in reality (I don’t like tooting my own horn, but I just know due to feedback I get from colleagues and my doctors I work for) clinic cannot function smoothly without me even though there are 5 other people.
So! Her solution because I am on disability and FMLA, is to put me on a medical leave of absence without pay (up to 9 months) so that “I can focus on my health and get better” even after I told them that most of my diagnoses are not curable. I also lose my health insurance so I don’t understand how I can focus on my health without it.
I live in Washington state. Is this legal? Can she do this to me if I’m classified as disabled and haven’t gone over my FMLA rights? She even told me along with the HR leave specialist, is that the only way they’d reconsider my position is if I don’t miss any days of work. I feel like this is a form for retaliation and intimidation especially when I have enough hours to take off if I am sick. It doesn’t feel right to me that they can treat a disabled person like this when I bust my ass when I’m at work and actively suffering trying to get through the work day because I am sick. They won’t let me leave early even though it states on my disability form, that if I am sick and need to medicate with certain meds, I should go home.
I’m interviewing for other jobs because it’s been a very toxic work environment and my mental health has declined dramatically over the years due to my job and I think it’s a big factor in my health. I know some other people in my department are going through similar issues with my manager, but I just want to know if this is legal. I have no one to help me; the union can’t. HR is supporting my manager even though there have been multiple complaints filed under her.
I don’t know what to do. I’m about to lose my job and health insurance just because I’m on FMLA and disability. I’m very stressed because I can’t afford to not work and not have health insurance. Does this seem illegal or is it justified?