Can I still be paid if I had a medical condition? Posted on July 19, 2011
I have been on and off of work for the last 8 months. I was out from November until April on FMLA. During that time I was being tested for Crohn's, colitis and intestinal Cancer. My FMLA actually expired in February, and work refused to pay me after that time. I am commission based only, and even though those are my accounts, work said because I wasn't actually there to enter the orders, I wasn't going to get paid for them. I did some research with ADA and found that to be in a form discrimination because the company would not provide me a reasonable accommodation to work either part time or from home. I went back full time on April 17th. In May, the doctors found new hardening in my lower abdomen. I was given a choice to have a tubal ligation, which they believed would help my other issues. I had that surgery on June 10th. There was complications due to that surgery and an infection. I saw the doctor and she wrote me a note to be excused. Symptoms became worse, and I called her back and told her what was going on. The relapse was due to the medication for the infection. She wrote me another note to be excused, but I had to call my Gastro to schedule an appointment to be seen by him, since the issues were becoming unbearable. I was not able to get into see him until the 7th of July, and at that point I was being tested for CDIF. That doctor also wrote me an excuse to miss work and that return would be based on results of the tests. Work is now saying that they are not going to pay me for that time, that the doctors excuses are not acceptable for my return, that all of my doctors need to write a letter stating why I was out and why I needed to be out. My doctor did that, and work came back and said it was still not acceptable because it didn't say that I really needed to be out. And that after 3 days of unexused absences, which they claim I have, that I have resigned from the company.
Click to View More Answers: