Does ADA law protect me against medication adjustments?
I have bipolar 1 disorder and anxiety problems and I take a big cocktail to keep me "normal". Every once in a while my psychiatrist has to change my dosages or introduce a whole new medicine. Most times the new med or dosage makes me sick and I have to miss work but I work at a place where after so many call-ins gets you written up. I've heard that ADA laws protect people like me that are bipolar but I work in an at will state. Am I protected in Louisiana? Also, I was recently written up because I was sick from a change in medication and had food poisoning at the same time at work. A coworker got mad that I was thinking about going home early so I got angry back and yelled but not cussed. The coworker complained about the incident but got over it yet my manager turned me in to HR anyway under a code of business conduct. Can I get it overturned? I don't want this on my record.
Thanks for the help so far. A lot of great suggestions. a couple developments. Turns out that one of the biggest reasons that I was written up was because the coworker said I made threatening remarks and threw a chair. I told the manager that I wanted to see the footage from the security camera and none of that happened. Even the manager remarked about it.
- Anonymous9 years agoFavorite Answer
The ADA has nothing to do with at-will employment. 49 states have at-will employment but they all have to follow the ADA.
This is tricky and you would do best to consult with an expert in disability law and mental health. Check out the link below. NAMI offers resources to those with mental illness, including legal assistance in cases like these. My impulse is to say that yes, it would be a reasonable accommodation for your employer to give you sick time when your medication is off, but there's a little more to it than that.
Yelling at your coworker is not something that is protected by your diagnosis. That's on your record to stay. Being bipolar doesn't give you license to act inappropriately.Source(s): www.nami.org
- JayLv 79 years ago
You need to ask for an accommodation. If you haven't notified your employer of your medical condition and specified what accommodation you need, then you are not protected.
As for accommodation, being able to miss extra days of work is not something that an employer needs to let you do. It might be reasonable for you to work an adjusted schedule or work from home (depending on what you do).
But if you're missing a lot of work, then have every right to dismiss you. Even if from a bona fide condition.
As for your yelling, it is against the code of conduct. If you cannot control your temper, even if it's caused by medications or a medical condition, you can still be disciplined.
My suggestion: apologize and move on.
- Kathi SLv 69 years ago
This issue would be covered under FMLA not ADA. FMLA covers when you need to miss work due to your medical condition. Tell HR you want the paperwork for FMLA and this will at least help with future absences.