American Disabilities Act-Part time work

[donna j.]

I was wondering if anyone knew anything about rights regarding work. I am currently off payroll from my civil servant job. I have been informed if I do not return to work by November 14, 2012 I will lose my position. I must be able to return full time. Following a slow recovery from a MUD transplant, My dr. is suggesting that if I am able to return at that time I should start out part time and work up to full time. Since I have learned that MDS patients frequently meet the requirements of disabled, would I qualify to require the workplace to "modify" my work day by allowing part time work until I am able to work full time? Besides the income, it is very important I am able to return to work as I am about to reach my 10 yr anniversary which will grant my husband and myself medical coverage for the rest of our lives.

[Neil Cuadra]

Since you are a civil servant your employment rules are almost certainly well-documented and readily available. Make sure you get that information as soon as possible. It may specify exactly what rights and choices you have. By law, government employers must post in a conspicuous place a notice explaining the Family and Medical Leave Act's provisions and providing information regarding procedures for filing claims.

As I understand it, the Family and Medical Leave Act (FMLA) includes these provisions:

1. Qualifying government employees are entitled to 12 unpaid weeks per year for serious medical conditions.
   
   
2. Depending on your employer's policies, you may be able to work part-time. The FMLA says it as follows:
   
   "Under some circumstances, employees may take FMLA leave intermittently – taking leave in separate blocks of time for a single qualifying reason – or on a reduced leave schedule – reducing the employee’s usual weekly or daily work schedule."

That doesn't say what "under some circumstances" means. My guess is that your employer's policies dictate that.

Perhaps your city or state has laws that apply to your situation too. I'm not an expert on any of this, but I know that there are organizations that can advise and help you. One of them is the Patient Advocate Foundation, so you might check with them.

If there's paperwork involved in securing rights to work part-time for medical reasons, make sure you follow all of the specified procedures, get any information required from your doctor, and avoid missing any deadlines. You don't want to do anything to jeopardize getting that lifetime medical coverage!