Community Chat

[Happiness Is Inside JOB]

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hckynut

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Thank you so much for your comments, Yes, I'm unfamilar with this and I don't want to speak out of term.  I don't want to shot myself in the foot.

@Eileen in Virginia 

Thank you, for your comments.

1) I am in a sticky situation because my supervsor told me that he was the supervisor of the RA Lady when he worked in OHR.

2) I submitted my request in Nov.  it was approved by RA Office in late Nov., then I was going on use or lose so I suggested that we discuss this when I return inlate Dec.

Then in Dec we had the first furlough.  We spoke about this for the first time about 2 weeks ago, then on Friday, he spoke to me a second time.

3)   I had looked at the calendar and initally I planned to accept his offer so I said are we talking about starting in mid march.  This is where the "threat" was made that if I don't take it now, he won't be able to offer it in 6 weeks.

4) I was advised from day one to NOT go into any detail regarding the nature of my back issue, so that is where the problem appears to have started. 

5) I also don't have the money for an attorney, I also can not TRUST employees in OHR as many of them have worked with my manager before, hence people act like they are listening and go RIGHT Back and call the person and tell them your plans on the phone.

6) I do know one lady who has a good attorney so I plan to talk with her on Monday to see if her attorney can help me.

[Stray]

I did ADA accommodations & FMLA time working in HR for a Fortune 100 in NYC. The key word is "reasonable".  When requests were submitted, we met with supervisors who had the final word not HR.

i suffered back pain for years with two spinal surgeries.  I've gone for PT and treatments lunchtime or after work.  PT practices accommodate working people. 

A Company is limited as to the amount of medical information they can request or that you must give.  Back pain is not a diagnosis but a symptom.  I took doctor's notes with a grain of salt as most will write what their patient's request.  A physician is working for you. 

I had an advantage working from the employees health department & could request further medical information but not disclose it to any other agent of the Company.  With the history, that you present, I'd deny your request if the manager was not willing to accommodate you.  I'd approve time under FMLA, which can be taken intermittently & you could leave early to accommodate treatment.  If you are in pain, I'd suggest a medical leave.

To compare yourself to another employee "who is liked" weakens your case.  Her medical situation is not your business and you have no idea about her medical condition.   You should only care about your situation.  You should go the proper route and ask for an appeal re the decision.  You define yourself as "a good employee".  So don't be involved in office talk or compare yourself to others & follow procedure. 

An employer has every right to follow you on Facebook whether in the office or not if they are paying you at the time you are socializing.  We had very tight controls on employees working from home.  My Company monitored Facebook activity and comments if working through Its portal.  Upon hiring someone, Facebook activity is part of the screening process.  It's not private. 

If a supervisor has reservations, work output is affected by an employee working from home or the work can not be done in entirety form home, he/she can decline it as it's not "reasonable".  If an employee has an obvious disability the request would never be denied.  Many illnesses are not visible but can be documented in ways a manager understands the necessity.  However, back pain is not a diagnosis nor is the need for PT a valid reason to grant telecommuting.  But, you can request time under FMLA to attend PT.  It depends on Company policy whether you are paid or not but the time is not held against you & can be granted as intermittent & it resolves your problem and the manager's. 

We do have rights when we work but so does a Company.  The manager is working for the interest of the Company but he/she also has a responsibility to the employee.  Those interests should not collide.  

[GCR18]

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@Happiness Is Inside JOB wrote:

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@GCR18 wrote:

It sounds to me that your supervisor doesn't believe you have a back issue.  He asked about the issue and when you started PT.  I think he is wanting to go around the policy because he doesn't agree this extra day should be permanent.  I could be totally off base.  I have 2 master degrees in reading minds of sneaky bosses.  I'm feeling you don't have a boss=employee relationship with him.  I would just go and talk with him.

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GC

I am worker and I do not have a social relationship with him.  I have a feeling you are right.

I don't want to talk to him as I am not confident in my ability to Sell my situation.  I thought my doctors note was enough and I did not think it was wise to go into medical details.

I would love to hear all comments!

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I think when this situation is resolved, I'd work on your relationship with him.  You don't have to like him or talk about personal things.  Start out with a good morning.  I've never had a supervisor I couldn't talk with when needed.  

[Stray]

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@Group 5 minus 1 wrote:

I know most people are frightened of attorneys. Just have an attorney send a letter. Things will go much better. You are too wordy. If an attorney sends a letter they know you mean business.

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@Group 5 minus 1 - that's not good advice.  The Company or entity has a process and does not have to grant the request if not in the best interest of the Company but not at risk for an employee.  I was a nurse/attorney working for HR & other options can be offered rather than a telecommute which by the history is not "reasonable".  

[Stray]

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@Eileen in Virginia wrote:

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@qbetzforreal wrote:

Reasonable accomodation would not include you getting an extra telework day to attend physical therapy.   I'm a government employee (not federal) as well and telework means you're at home working not to attend medical appointment.

I do agree with the other posters to follow policy and procedure.

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In the Federal sector, teleworking to facilitate participating in pt can be part of a reasonable accommodation agreement. The employee can perform their work at home around the pt session, working when they would otherwise be commuting, as well as before and after the pt session. 

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@Eileen in Virginia - yes, the PT is part of an accommodation but neither the supervisor nor Company must give the telecommuting day as part of that.  We have the FMLA which gives this accommodation without rearranging the work situation.  Approving a whole day work from home is not "reasonable".   An employee is covered if over 50 employees & works full time.  She can leave early, come in late or extend lunchtime to attend PT.  If a person is in pain, a Medical Leave should be the solution not a telecommunication deal.  

I did such accommodations in my work life, was always fair and worked for a Company that paid me but always worked for the employee to provide a solution that worked for both.  I had many employees with very serious illnesses and some undergoing chemotherapy, dialysis & a large number of disabled in the workforce.  

[Stray]

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@hckynut wrote:

@Happiness Is Inside JOB 

Too complex for me and I feel even though this is not as long as many of my posts, I think there is something missing in your post. What? Beats me, but I would like to think a Federal employee would know what's up, regardless of a supervisor or a specific "department within this structure".

Who doesn't have a bad back, at times, if they live long enough? I don't see anywhere in your post the type of issue you have with your spine, but I assume you are talking Lumbar Area. I also don't get, if your back is so bad, why are you not going to Physical Therapy, after work hours or days you are not working?

I am a person that is "direct, and to the point", regardless of what superior, or worker I am dealing with, in all circumstances. You sound to me, in this post anyway, like you are afraid of something, or someone. I say to "tell it like it really is" in your email to whomever, or whatever department you have mentioned in this post.

I do, always have, and always will.

hckynut

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@hckynut - well said, back pain is a symptom not a diagnosis & ive lived with it most of my life.  We have the FMLA act which is more appropriate and every citizen is covered if employed by a Company over 50 & working full time.  I don't think government employees are exempt but I could be wrong.  

[Happiness Is Inside JOB]

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@Stray 

Stray
WOW you are a wealth of knowledge as many of the other posters on QVC. 

I am not understanding something.


My request was approved by RA Office.
I thought at this point, all we need to do is negotiate the revised schedule.

I did not think a supervisor could cancel myapproved RA request.  He told me on Friday, that we are not going to go the RA Way.  He can revise my telework schedule.  I off course want to go the RA Way, as my valuable QVC posters have stated, when the agreement is just between me and him, that opens the door to cancellation at any time.

I also did not think that once a RA Office... approves an action .... that once the manager and employee could not agree on the terms...that the RA office could come back and cancel their original approval.

Please help me understand, and please know one thing, I value every comment and suggestion.  What is the saying 2 heads....or as I say several heads are better than ONE!!!  Many of you have knowledge and wisdom that will help me.

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[Mindy D]

Do everything through the RA office. 

[santorini]

It benefits you to word things in such a way so that your boss doesn't feel "threatened" by you.  I think it might be a good idea to send an email to him tomorrow and use a bit of creative language so as to take the edge off.  Something like:

"I was visiting with some friends over the weekend and one of them, who is an attorney, suggested that I take the proper channels and document my request to telecommute for the next 10 weeks in order to be able to attend physical therapy sessions to assist my spine recovery.  I just want to make sure we are all on the same page and in agreement with my proposed plan.  I will cc you on the email to John Smith of the HR Department.  Thanks again for your cooperation and support."

[Happiness Is Inside JOB]

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@santorini wrote:

It benefits you to word things in such a way so that your boss doesn't feel "threatened" by you.  I think it might be a good idea to send an email to him tomorrow and use a bit of creative language so as to take the edge off.  Something like:

"I was visiting with some friends over the weekend and one of them, who is an attorney, suggested that I take the proper channels and document my request to telecommute for the next 10 weeks in order to be able to attend physical therapy sessions to assist my spine recovery.  I just want to make sure we are all on the same page and in agreement with my proposed plan.  I will cc you on the email to John Smith of the HR Department.  Thanks again for your cooperation and support."

THANK YOU SO MUCH

I have received so many good tips for the email from you and other ladies/gents.  I am going to compile the key words from your email to my earlier example and send an email when I return to work on Tuesday.

I am going to also take your words to hear, be careful with my wording so it does not come across as I'm threatening because either way, I still have to WORK at this job until further notice and supervisors can make things very difficult.