HIV and FMLA

[Darkling_Cub]

Its been awhile since I've posted here, I've been busy dealing with the curve balls life likes to throw at times, ha ha.

Brief history: DX 10.28.2014, VL/CD4 at DX 53K/3, started ART(atripla)12/2014, 2/2015-VL UD/CD4 130-140. Currently as of 3/2017-VL UD/CD4 230.

And now on to my question/s.

Recently I've come out of both closets to management with my employer, which went better than I had expected it to.

I'm in manufacturing and my job is fairly physically demanding on a daily basis, but there are days(a few times a month) when in all honesty I am so fatigued and worn out, that it takes everything in me to make it thru a day at work. I've explained this to the HR rep at work, and she's been quite understanding and helpful. She's recommended that I sign up for Intermittent FMLA leave.

So I suppose my question is, has anyone else had any issues qualifying for intermittent FMLA leave for experiencing occasional side effects(extreme fatigue/weakness) from ART and/or just the slow road back to some semblance of
 their "normal" selves pre-infection?

Thanks in advance guys and gals!

Darkling

[Ptrk3]

I have no personal experience with this but I do know enough to let you know there should be no problem with your going forward.

In the United States, a person living with an HIV infection is automatically considered as living with a "disability" pursuant to the Americans with Disabilities Act of 1990 (ADA):

https://www.eeoc.gov/eeoc/history/35th/1990s/ada.html

I know that is not the nature of your question, and that your employer is understanding, but that fact plays into your situation.

Work with you HR in order that your healthcare provider can provide the necessary documentation to provide you with whatever "reasonable accommodations" are needed, which would include intermittent access to your FMLA rights:

https://www.dol.gov/whd/fmla/employeeguide.pdf

In addition to access to the FMLA, you may need other "reasonable accommodations" that pertain to your disability--such as proximity to bathrooms, additional break periods, for example, that may be pursuant to the ADA.

To your general question, I would presume that a number of forum members have exercised both ADA and FMLA rights.  I hope that some may step forward to share their experiences with you.

[Darkling_Cub]

Thanks for the quick response Ptrk3!

Since my employer provides short/long term disability insurance for all of its ft employees(60+K), they have a 2nd party company(Liberty Mutual) manage things like FMLA, and they've(Liberty Mutual) provided me with all of the docs that I need to have filled out  by my PCP/ID, which I'll be doing at the ungodly hour of 930am tomorrow when I go in for my quarterly blood draw etc lol.

HR and plant management have been very understanding and helpful.

As to reasonable accommodations, at present  being ale to use FMLA for those occasions when I just cant physically do it when they occur, is more than enough.

Though I do keep trying to get into a different position/dept within the same company that isnt nearly as physically demanding.

Again, thank you for the quick response!

Darkling

[Ptrk3]

You're welcome.

BTW:  getting you into that different position in the different department that is not as physically demanding may fall within the rubric of the ADA's "reasonable accommodation," provided you are otherwise qualified for the position.  You may wish to pursue or discuss with your doctor and your HR to see if that is a possibility.

[thomasgrn]

I went out on FMLA a couple times while I was working. My Psychiatrist put down depression and anxiety, which is kinda true. I don't trust HR and probably would not have gone on FMLA at all if I was forced to put down HIV.