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dontfeedthebull

Junior Member
It appears that this “free advice” forum is only titled such to “catch” your next prey. Obviously the losers that feel they are qualified to give advise on this forum ….

a. failed the bar exam
b. have nothing else to do in prison
c. have microscopic penis (still in therapy)
d. prozac prescription expired
e. are really 15 year old trolls
f. couldn’t pass the psychiatric exam to work at the post office
g. kicked off of last forum alt.binaries.bigfatmenindresses.erotic.pictures


Thanks for nothing.
:eek:
 


V

Veronica1228

Senior Member
I saw that. Cbg gave him good advice, and now he is having a hissy fit. Serious anger management issues. Therapy is highly recommended.
 
S

Shay-Pari'e

Senior Member
25-2005, 01:47 PM
dontfeedthebull
Junior Member Join Date: Sep 2005
Posts: 2

Doesn't ADA cover this?

--------------------------------------------------------------------------------

What is the name of your state?Utah

I have a disability that is covered under the ADA laws. Suddenly my employer wants me to go on intermittant FMLA to "protect" me. I do not abuse any leave time, have never gone into leave without pay. I do not use any more time that my co-workers, and actually use less than a handfull of them. I need to save my FMLA rights for a possible surgery in 6 months. I will need every hour that FMLA allows for this surgery. Doesn't ADA allow protected intermittant leave? No other employees that have disabilities have ever been required to go on forced FMLA. My management do not feel this is needed and have been fighting with HR. Yet HR keeps pressing the issue stating it will protect me, they told management it is to protect their budget. Please help!

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#2 Yesterday, 05:24 PM
cbg
Senior Member Join Date: Nov 2001
Location: Massachusetts
Posts: 13,267

There is no provision anywhere in the ADA for protected leave time. The ADA is focused on keeping you working, not on keeping you out of work.

In SOME situations, a SHORT leave can be considered a reasonable accomodation. However, nothing in the ADA says that an employer is required to give you protected leave. Nor does anything in the law say that if you are granted a leave as an ADA accomodation, it can't be considered FMLA. It very well can.

You have not provided even remotely enough information to say whether or not it is reasonable to expect you to be taking FMLA. IF (and I am not saying they do; I simply do not know) your absences qualify for FMLA, your employer is REQUIRED to apply it, regardless of whether or not you want to "save" it for a future event. You are entitled to only so much FMLA per year and if you use it up, that's just too bad.
 
H

Happy Trails

Senior Member
You can always go and pay an attorney to give you the same advice.

I didn't see anything wrong with the answer. It must have been the one you didn't want to hear.
 
D

dontfeedthebull

Junior Member
This post is not necessarily because of the reply I received. It didn’t “anger” me in any way and would seem like good advice if I knew nothing about ADA. Cbj noted that he/she was a “HR Consultant” in their profile, big surprise… we all know that human resource is for the employer not the employee.

My response actually came from reading other replies to other questions and was floored by the lack of civil behavior. Frankly, I only read one reply that was sound, non-judgmental and lacked flamboyant attitude posted by “worriedperiod”.

FYI –

CFR 825.702 states:

“FMLA entitles eligible employees to 12 weeks of leave in any 12-month period, whereas the ADA allows an indeterminate amount of leave, barring undue hardship, as a reasonable accommodation
 
S

StickyFingers

Member
dontfeedthebull said:
It appears that this “free advice” forum is only titled such to “catch” your next prey. Obviously the losers that feel they are qualified to give advise on this forum ….

a. failed the bar exam
b. have nothing else to do in prison
c. have microscopic penis (still in therapy)
d. prozac prescription expired
e. are really 15 year old trolls
f. couldn’t pass the psychiatric exam to work at the post office
g. kicked off of last forum alt.binaries.bigfatmenindresses.erotic.pictures


Thanks for nothing.
:eek:
Click to expand...


Damn...and the next full moon isn't until Oct 17.....Gettin' a head start on the lunacy. :rolleyes:
 
M

Mister Darcy

Member
dontfeedthebull said:
It appears that this “free advice” forum is only titled such to “catch” your next prey. Obviously the losers that feel they are qualified to give advise on this forum ….

a. failed the bar exam
b. have nothing else to do in prison
c. have microscopic penis (still in therapy)
d. prozac prescription expired
e. are really 15 year old trolls
f. couldn’t pass the psychiatric exam to work at the post office
g. kicked off of last forum alt.binaries.bigfatmenindresses.erotic.pictures


Thanks for nothing.
:eek:
Click to expand...

Okay, I will concede c. to you, but you're wrong about everything else.
 
cbg

cbg

I'm a Northern Girl
we all know that human resource is for the employer not the employee.

I don't know anything of the kind. HR is neither "for" the employer or the employee. HR's job is to see that employment law is followed, regardless of who it benefits. Often a decision that goes against one employee actually benefits the employee base as a whole.

It's not my fault, nor the fault of HR in general, that the law doesn't read the way you want it to.

BTW, "indeterminate" does not mean "indefinite". I still maintain that the ADA does not provide for you to be off work indefinitely.
 
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