Re: dillards fmla

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Melissa-

Generally speaking, your employer have the duty to
accomodate your situation,however you will need to disclose
your medical condition to them so that they are put on legal
notice of your condition. Put your HR Dept/and your
immediate supervisor on notice!! This is very important.

Speak to your HR Dept about applying for the federal level
Family Medical Leave Act (FMLA). To be eligible, you must be
employed for one year with Dillard and have worked 1,250
hours or more preceding the commenced of your leave. Leave
can be taken intermittent or in consecutive days. Under the
rule, you must also provide a physician certification to
your employer stating that you have a serious chronic
medical condition, under doctor treatment for 3 or more
consecutive days, etc... If you qualify, your absences or
tardiness which is caused by your medical condition will be
protected under the FMLA rule, thus you generally cannot be
discipline or terminated because of your FMLA rights.
Furthermore, your employer are obligated to accomodate.
Since the FMLA is a federal law, check with your state about
the state level rule, -most states have it.

Also, you maybe protected under the American Disability Act,
under the federal level or state. Ask for accomodation with
your manager and HR Dept and inform them that you may have a
serious physical condition that impairs your physical
activities (standing for prolong period of time).

If your employer ask for doctor certifications, this is
clearly permissible both under FMLA and ADA. I highly
recommend that you provide one if you need accomodation.

If your employer handles this issue in bad faith and with
poor professional conduct, I highly recommend that you file
a complaint with your local labor dept in your state.

Good Luck and take care of your health!

On 12/08/06, melissa wrote:
> i work for dillards and i have debelitating condition every
> time i come back from sick leave or back from the doc
> dillards insists i cannot come back to work unless the doc
> has no restrictions and a diagnosis on the excuse is this
> legal? arent they supposed to accomidate people with
> disabilities and would my condition be covered by this..i
> have an undiagnosed nerve inflamation chronic pain
condition
> that i am treated for with medication the docs dont want me
> to stand for more than 2 hours without taking a break and
my
> shift is 8 hours with an hour lunch break now i can sit if
i
> need to but dillards does not want this to be official or
on
> paper and if i am caught sitting i will be corrected and
> made to stand....can they do this? also they want me to
> release my medical records to them i have not yet and
> nothing has happened but i am scared that they will catch
on
> what can i do here
>
> best wishes
> single mom in louisiana
> melissa