I have several permanent conditions ie: Type I Diabetes, OCD and generalized anxiety disorder, on occasion there are flares that require that I call in to work. My employer provided me with the WH 360 E form to be completed by my physician. My physician c

Complete and submit all forms timely as requested. If in doubt, always check with human resources. Keep records of who and when you speak with and what you discuss at human resources. Potential claims rely on documentation, telephone conferences, emails, texts so keep all.

The ADA does not recognize any named illnesses (i.e. diabetes) or conditions (i.e. anxiety or very poor vision) as disabilities. Many employees suffer with such illnesses or conditions but are not disabled when they follow doctors' orders, take medication, wear corrective eyewear, etc.... As an example, a diabetic person, insulin dependent, medically compliant, may never require an accommodation under either federal or state laws and therefore, in the workplace, they do not have a disability UNLESS their employer regards or perceives them as disabled, which happens infrequently, and would be illegal.

New York State's Executive Law is broader than federal law and your combination of ailments might be more protected under our state's laws. Have you requested accommodations with human resources? Engaged in the interactive process? Asked your doctor for suggestions of what you might need to help you perform the essential functions of your job?

If you require accommodations for one or more disabilities, engage in the interactive process. If you are uncertain what that is, retain an employment lawyer to help you do so. Unexcused absences may be construed as job abandonment, no call, no show, or insubordination which might disqualify you from unemployment benefits were you terminated.

posted by V Jonas Urba  |  Feb 1, 2020 07:37 AM [EST]