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Can you get fired for being sick?
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<blockquote data-quote="susiestar" data-source="post: 519684" data-attributes="member: 1233"><p>Do NOT ever sign to let them see your records or talk to your doctor. the MOST they can reasonable expect is to give a list of questions for your doctor to answer If you agree to it. you do not have to. The fact that this is a psychiatric disease makes NO difference in the FMLA law. the law says medical problem, not "medical or psychiatric" or:" medical and psychiatric but if it is psychiatric then do these forms and make sure they are not nuts". The very nature of anorexia does not make you a danger to anyone but yourself and frankly, their request is incredibly out of line and a good lawyer might say you could sue them just for asking for your records. it IS discrimination against you for them to ask for your records because you were sick with a psychiatric disorder. in my opinion you need to talk with the union rep a bit more and see if the union has an atty you could speak to, and when you DO talk to your boss about this you should ask why the extra info as the law does NOT require it and it could be considered discrimination against you because your condition. They probably do NOT want to risk a lawsuit because discrimination, in my opinion.</p><p></p><p>The best way to handle this with-o letting them go fishing is to ask them to give you a list of questions that they need/want answers to and you will take it to your doctor and take the answers back to them. That way they can't go fishing. if someone looks hard enough they can probably find a reason in ANYONE"S medical charts to find a reason to fire them. This is WHY our medical records are PRIVATE and that includes psychiatric/psychological records especially. Heck, I know for a fact that my doctor and the therapist we love would refuse to show them the records even if we signed a release. They would have to get a court order because it is not in our best interest for anyone to see the complete records. School tried this with Wiz at one point and I refused so they went straight to the doctor and therapist claiming to have our signature but not being allowed to fax it because then anyone in the office toher than the doctor/therapist could see (in the doctor's office, not the school office). Both the doctor and therapist called BS and told me about it and told school that they could be sued for even asking. Of course the lady who did this had already signed my name on the IEP pages she added and the doctor and therapist both knew it.</p><p></p><p>I know you don't want them to be upset with you, and I have a feeling that they want some assurance that a psychiatric disorder doesn't make you somehow a danger to children, but they cannot just fish around in your records for any reason. Tell them that they have to give you the form or any questions and you and your doctor will give them the answers that are appropriate.</p><p></p><p>I am sorry this is so difficult. I hope you can get well in a healthy way. this is a terribly difficult disease and I know it leaves your body feeling so drained. (((((hugs)))))</p></blockquote><p></p>
[QUOTE="susiestar, post: 519684, member: 1233"] Do NOT ever sign to let them see your records or talk to your doctor. the MOST they can reasonable expect is to give a list of questions for your doctor to answer If you agree to it. you do not have to. The fact that this is a psychiatric disease makes NO difference in the FMLA law. the law says medical problem, not "medical or psychiatric" or:" medical and psychiatric but if it is psychiatric then do these forms and make sure they are not nuts". The very nature of anorexia does not make you a danger to anyone but yourself and frankly, their request is incredibly out of line and a good lawyer might say you could sue them just for asking for your records. it IS discrimination against you for them to ask for your records because you were sick with a psychiatric disorder. in my opinion you need to talk with the union rep a bit more and see if the union has an atty you could speak to, and when you DO talk to your boss about this you should ask why the extra info as the law does NOT require it and it could be considered discrimination against you because your condition. They probably do NOT want to risk a lawsuit because discrimination, in my opinion. The best way to handle this with-o letting them go fishing is to ask them to give you a list of questions that they need/want answers to and you will take it to your doctor and take the answers back to them. That way they can't go fishing. if someone looks hard enough they can probably find a reason in ANYONE"S medical charts to find a reason to fire them. This is WHY our medical records are PRIVATE and that includes psychiatric/psychological records especially. Heck, I know for a fact that my doctor and the therapist we love would refuse to show them the records even if we signed a release. They would have to get a court order because it is not in our best interest for anyone to see the complete records. School tried this with Wiz at one point and I refused so they went straight to the doctor and therapist claiming to have our signature but not being allowed to fax it because then anyone in the office toher than the doctor/therapist could see (in the doctor's office, not the school office). Both the doctor and therapist called BS and told me about it and told school that they could be sued for even asking. Of course the lady who did this had already signed my name on the IEP pages she added and the doctor and therapist both knew it. I know you don't want them to be upset with you, and I have a feeling that they want some assurance that a psychiatric disorder doesn't make you somehow a danger to children, but they cannot just fish around in your records for any reason. Tell them that they have to give you the form or any questions and you and your doctor will give them the answers that are appropriate. I am sorry this is so difficult. I hope you can get well in a healthy way. this is a terribly difficult disease and I know it leaves your body feeling so drained. (((((hugs))))) [/QUOTE]
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