Legal Question in Employment Law in New York
I have been working for the same non-profit for 10yrs/7mos. I used to work in the Library (physical) and now have been in the Administrative offices. Since 12/2004 I had a herniated disc which has worsened regardless of treatments and have back/sciatic pain. The old boss was understanding but this new boss is not. He's not interested in seeing my doctor's notes but I filed them with the Accountant/HR person and she knows what chronic pain I've gone through.
Some days are better than others but in general I unfortunately sometimes come in late because of it or miss work. But there are a lot of days I come in limping and in pain (to the tears).
I asked if I could be removed from salary and put hourly so I could come in an hour or two later to accommodate me. I did tell him my main concern is the Health Insurance and that I would take a pay cut if I can be accommodated with the hours and still maintain Health Insurance benefits. He said he couldn't accommodate me by making me PT and giving me health insurance because then the rest of the staff would want that also and it wouldn't be fair. We are a staff of 5 now from 16. In past years part time workers were given health insurance and vacation days weren't changed.
His stance was basically that it's a FT job so he needed me here FT or my options were to find another job or quit. This was all said in a private meeting 1-on-1.
He does say that he feels sorry for me and the pain I'm going through, which I think is a front. We are a small staff now so to keep my job and benefits, I've always done what I technically medically shouldn't be doing. He says to ask co-workers (all females 45+/yrs old) for help but everyone is busy since we're stretched with our jobs and I'm the youngest.
I have a decent paper trail via emails and notes because I started getting smart about it since I saw no one cared.
I can't quit because I'm left without a job and benefits and unemployment. He obviously knows I'm in need of help but doesn't care to do anything about it. What options do I have?
I'm still always in pain and I unfortunately have to walk, bend, pick things up, etc. I'm in office administration, what am I supposed to do? Do I just keep dealing with it since I don't have any options?
Thank you.
2 Answers from Attorneys
Make a formal request for a reduced workload after speaking with your physician. Such is necessary so that you can craft a well written formal request for a Reasonable Accommodation under the ADA. Reduced work hours or workload may not be an option but physical excretion (heavy lifting) is always negotiable. Good luck.
If your employer needs you there full-time, then it may not be possible to "reasonably" accommodate you. Does your employer have a long-term disability ("LTD") plan? If so, you may be eligible for LTD benefits, which typically start after a 3-6 month waiting period, during which you can collect short-term disability, which every employer in New York must provide. LTD plans typically provide a benefit of about 60% of your pre-disability income and may continue through normal retirement age -- provided you meet the definition of disability, which is not always easy. There are several catches, though. First, not every employer offers LTD benefits. To find out if your employer does, request in writing via certified mail-return receipt requested, copies of your Summary Plan Descriptions for all of your employee benefit plans.
Second, if your employer does offer LTD benefits, these benefits are usually paid through an insurance policy. The insurance companies on these types of claims are not easy to deal with and generally look to avoid paying a claim, rather than evaluating your entitlement to benefits. It's not fair, but if you cannot work, you may not have another choice.
As for your other benefits (e.g., health, dental, life insurance, etc.), each plan will have its own provisions about disability. You may or may not be entitled to continued coverage after a disability.
If you find you can't work, you should also look into Social Security disability. If you qualify for this, you will also be eligible for Medicare after you 24 months of Social Security disability benefits.
Also, you may be entitled to Family Medical Leave Act unpaid leave. You can get 12 weeks in each 12 month period. You can continue your benefits during this period, but you may have to pay for them.
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