Community Chat

[Eileen in Virginia]

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@Happiness Is Inside JOB wrote:

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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.

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You know the atmosphere in your organization, but I’d still recommend working through the RA officer. Even if your supervisor was her supervisor in the past, that doesn’t mean she liked him or feels any overwhelming loyalty to him. Furthermore, it’s her job to work with the employee and management to try to ensure that both parties’ needs are met. If you can’t trust the RA officer, you truly are in a sticky situation. 

Regarding the timing, your request was overtaken by events, especially the furlough. So now we’re in the last week of February and he’s not sure he’ll be able to accommodate you in a couple of weeks. Does your office have some sort of workload surge that crops up in mid-March, requiring everyone to be present in the office? Would you be able to schedule your pt sooner than mid-March? If yes, do that. While the Family Medical Leave Act (FMLA) is an option, that’s unpaid leave. Based on your previous posts, it didn’t sound as though anyone in your office has suggested that you invoke the FMLA.

You were given good advice regarding not disclosing the nature of your back injury. That is sensitive information and only those who are in an official position to evaluate it should have access to it. When I was a manager, specific staff in HR evaluated medical summaries and advised us of the accommodation decision. If I received the folder for some reason, the medical documents were in a sealed, tamper-evident envelope. They’re not there to satisfy someone’s idle curiosity. 

You shouldn’t need an attorney. When push comes to shove, this is a matter of working with your manager and the RA officer to set up a telework/pt schedule for a reasonable accommodation that has already been approved. I’d be cautious about talking to the other woman in your office (who used an attorney in the past). If you want your supervisor and the RA officer to respect the confidentiality of your case, you can’t discuss it with others in the office. If you find that they haven’t respected your confidentiality, you might approach her, but be very careful about how you proceed. 

When you meet with your supervisor and the RA officer, emphasize that you’re trying to be as productive as possible, even while undergoing your pt. Your goal is to continue to be the outstanding employee that you’ve been in the past, despite your current health issues. This is as much advice as I can give you. I hope you’re able to resolve this to everyone’s satisfaction quickly. 

[Drythe]

@Eileen in Virginia 

ITA with you.  

[Drythe]

@Stray 

I hope the HIPPA laws are a bit tighter now than they were then.

[santorini]

I would disagree with Drythe's suggestion.  In my mind, that seems a little like "telling on" your supervisor and I feel like he might not have a nice reaction to that.  Just my opinion.  

[Drythe]

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@santorini wrote:

I would disagree with Drythe's suggestion.  In my mind, that seems a little like "telling on" your supervisor and I feel like he might not have a nice reaction to that.  Just my opinion.  

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@santorini 

I see your point.

No, bullies do not like having anyone resisting their bad behavior.  

Feel Free to tag me anytime you want to make a comment about something I’ve said.  😀

[santorini]

@Drythe

Thanks for the response.  You make good points but I just worry about her having to work right under this man after he realizes she went over his head and ratted him out on something that he will probably get in trouble for.  I agree that he was completely wrong to do that and I understand what a sticky situation this is.  Best of luck to you, OP.  

[I am still oxox]

My husband has worked for the US Govt for 25+ years and it does not operate like most businesses, you need to follow the rules and fill out all the right forms, or nothing will happen.
My hubby was lucky his bosses went the extra mile in helping him get additional sick leave when he was out several months due to a post op infection. 

[Annabellethecat66]

@Happiness Is Inside JOB I was also a Federal employee back a long time ago.  All of my friends (with a few exceptions) were or are Federal employees.  

I know rules and things have changed.  Most of my friends are either recently or long ago retired.

My reason for posting is that I do know (just like in other jobs) it's not always WHAT you know but WHO you know.

Some people have preferences, not fair, but in the Federal government (with so many people in it) sometimes it's difficult to track who's saying what.

THIS I do know.  Get yourself a spiral notebook.  Write down everything and I mean everything.  Keep all of the paperwork (or copies, etc) with this notebook.

I do that for everything.  When I call a company or office I write it in the notebook.  I write down the date and time.  

I realize this isn't the case for you, but we 'old timers' know these days it doesn't do much good to say "I talked to so and so and he/she said" because even though you KNOW so and so said it....well...people do play dumb.

Please come back and tell us what happened.  So often people come on here and ask these amazing and smart people here what their opinion is and then they never come back or just don't tell about the outcome.

Just remember, you ARE among friends and many of these people are very wise and give excellent advice.  I'm just a person who bla blas but many here are still in the work force or at least understand a lot about what's happening out there.

I don't like to speak for others, but in this case I think I can say we all wish you luck.  Take care.  I hope your pain feels better.

[roeroe1005]

I agree with Montana's draft e-mail.  Make it short and sweet, do not give any other information, small talk etc.  Get to the subject at hand and leave it at that.

I hope you have a file at work and, more importantly, at home.  Be sure to document everything.  You must protect yourself as there is no union.

[Stray]

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F@Drythe wrote:

@Stray 

I hope the HIPPA laws are a bit tighter now than they were then.

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@Drythe - HIPPA is very misunderstood & applies to sharing information with entities, PI markers & handling of electronic files.  Working for HR as a nurse/attorney, I approved accommodations, medical leaves & FMLA time.  Ethical health practitioners are bound by medical confidentiality and have been for a long time & HIPPA really has no impact.  I worked for a Company but was an advocate for employees and in a position of trust.  Medical information was never shared with managers & employees were advised that they did not share their medical conditions but many did voluntarily as they worked for the same manager for many years; it depended on the business relationship.  Those ethics applied well before 1996.  I approved accommodations & managers had no need to know more.  I often had to work with managers working out accommodations but conditions were never discussed.  I would merely indicate it was necessary end of story

If medical information is shared with an unauthorized party, it's a breach of ethics not in violation of HIPPA.  But, a physian/agent can be in violation of HIPPA as well. 

IMO, medical confidentiality trumps HIPPA and ethical practitioners did not need a federal regulation to monitor him/her.  In a medical relationship, confidentiality is implicit.