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Would FMLA be approved for me?
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Would FMLA be approved for me?
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I work in a call center on the phone all day long..... I am hearing impaired and wear hearing aids... the company has new managment and have become really difficult to deal with. So
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Forums » Topic Forums » Legal Forum » Would FMLA be approved for me?
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Would FMLA be approved for me?
posted at 3/6/2013 12:56 AM EST
on Workforce Management
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Posts: 1
First: 3/6/2013 Last: 3/6/2013 |
I work in a call center on the phone all day long..... I am hearing impaired and wear hearing aids... the company has new managment and have become really difficult to deal with. Sometimes my hearing aids need repair once every 18-24 months and cannot work without them. They said next time it breaks they will send me home from work. I dont want to waste vacation time on something like this. My only other option would be FMLA. Would FMLA cover something like this??? I obviously cannot work but im not sick or anything. The company is not being very cooperative. They used to find me somethign else to do while my hearing aids were getting repaired now its like we will send you home or force you to take vacation for as long as the repairs take which is usually 5-6 business days. So if i was to file for FMLA for the time I was off work waiting for my hearing aid to get fixed will this be covered by FMLA? Please help
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Re: Would FMLA be approved for me?
posted at 3/6/2013 11:20 AM EST
on Workforce Management
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Posts: 222
First: 9/29/2011 Last: 5/15/2013 |
Very questionable, I'm afraid. FMLA applies to serious health conditions of the individual or to provide care to a family member with a serious health condition or for the birth/adoption/foster placement of a child. Although it could be argued that your hearing impairment is a health condition, repair of your hearing aid would probably not be covered. I will say, however, that what your company used to do was exactly the right thing to do; eg, find you something else to do. Your hearing impairment is [most likely] covered under the Americans with Disabilities Act. Under ADA, the employer must provide reasonable accomodation for someone with a condition that limits a major life function, which hearing clearly is. In my opinion, assigning you to other duties while your hearing aids are being repaired would almost certainly be a reasonable accomodation especially in consideration of the long period between repair and the limited time it takes to repair them. Good luck! |
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Re: Would FMLA be approved for me?
posted at 3/6/2013 11:46 AM EST
on Workforce Management
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Posts: 40
First: 11/3/2011 Last: 4/26/2013 |
In Response to Would FMLA be approved for me?: I work in a call center on the phone all day long..... I am hearing impaired and wear hearing aids... the company has new managment and have become really difficult to deal with. Sometimes my hearing aids need repair once every 18-24 months and cannot work without them. They said next time it breaks they will send me home from work. I dont want to waste vacation time on something like this. My only other option would be FMLA. Would FMLA cover something like this??? I obviously cannot work but im not sick or anything. The company is not being very cooperative. They used to find me somethign else to do while my hearing aids were getting repaired now its like we will send you home or force you to take vacation for as long as the repairs take which is usually 5-6 business days. So if i was to file for FMLA for the time I was off work waiting for my hearing aid to get fixed will this be covered by FMLA? Please help Posted by bagman428 It’s unfortunate that the maintenance on your hearing aids take this much time and that you have no back-up when they’re in the shop. The company however has no obligation to pay you when you are unable to perform the essential duties of your job. Not sure why you would expect them to. Whether this issue qualifies for FML or not is something of a moot point from your perspective since FML doesn’t compensate you, it just holds your job. You might inquire if company policy would permit you to claim sick days for this issue since it is related to a health condition. |
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Re: Would FMLA be approved for me?
posted at 3/9/2013 12:54 AM EST
on Workforce Management
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Posts: 12
First: 10/22/2011 Last: 5/13/2013 |
You may want to find a more local audiologist who can give you some loaners to use, or even rent some while they are being repaired. Every audiologist I have woked with has given me loaners. |
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Re: Would FMLA be approved for me?
posted at 3/26/2013 1:05 PM EDT
on Workforce Management
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Posts: 1
First: 3/26/2013 Last: 3/26/2013 |
In Response to Re: Would FMLA be approved for me?: Very questionable, I'm afraid. FMLA applies to serious health conditions of the individual or to provide care to a family member with a serious health condition or for the birth/adoption/foster placement of a child. Although it could be argued that your hearing impairment is a health condition, repair of your hearing aid would probably not be covered. I will say, however, that what your company used to do was exactly the right thing to do; eg, find you something else to do. Your hearing impairment is [most likely] covered under the Americans with Disabilities Act. Under ADA, the employer must provide reasonable accomodation for someone with a condition that limits a major life function, which hearing clearly is. In my opinion, assigning you to other duties while your hearing aids are being repaired would almost certainly be a reasonable accomodation especially in consideration of the long period between repair and the limited time it takes to repair them. Good luck! Posted by nork4 This situation is really about an employer doing the right and decent thing and also meeting obligations under the law, specificially the ADA. (The recent revisions to the ADA not only require reasonable accommodation to get the job done. Reasonable accommodation now also includes time off when necessary.) Your strongest option is to use the provisions of The ADA in getting what you need, especially because of the precendent that has been set in previous periods when the hearing aid was being serviced. Allowing you to do other tasks is a reasonable accommodation under the ADA. when the hearing aids are being serviced. The ADA has an important clause that allows it to be used by an employee or potential employee - a person must be able to do the essential function of the job with or without accommodation. For you accommodtion is the hearing aid and a day or two of doing something else when the hearing aid is being serviced.
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