So there is this new policy that took affect immediately (yesterday) that states we are no longer allowed to take partial days off (using AL or SL is not allowed unless scheduled at the beginning of the year). We are also no longer allowed to come in early to leave early, or work through lunch to leave early. If we do not comply, we will be fired for insubordination.

Now this all sounds somewhat reasonable, except there is no exceptions for people with disabilities that require going to monthly appointments.

Basically, I'm wondering if this is legal in the U.S., or even in WA state for that matter.

it does not sound fair to me.

Try checking on the fair labor board.. maybe check out osha's website.

Also see if there is a disabilities lawyer that gives free consultations.

Hubby only gets a half hour for lunch. Gets 8 personal days a year. Anything else is no pay. But he can still schedule a vacation day to use if he needs to.

Now this all sounds somewhat reasonable, except there is no exceptions for people with disabilities that require going to monthly appointments.

Why don't you schedule the appointment when you aren't working so that you don't have to worry? If your MD isn't open then, maybe you could find another who is.

Just a thought...

Thank you guys for your responses.

Unfortunately, when it comes to a mental disorder, there are very few psychologists and/or psychiatrists that are open during odd hours. Additionally, the time it would take me to get to one (as I've looked into this) would require me to still leave work early to get there; I live in Bothell and work in a nearby city, which is an hour out of Seattle, during the time I could travel to the appointment.

I am not the only one with this problem at work, there is multiple of us who have documented illnesses.

I just don't understand how he can do this. I think I may take the ADA to him if a kind talk doesn't work.

I did some research after I posted and it specifically stated that a modified work schedule is a reasonable accommodation that must be made.

I really found www.ada.gov (http://www.ada.gov) to be very helpful. I even got to call a line and talk to a live person right away. The EEOC website link was helpful too.

You can be fired for any reason. It is up to you to prove that this was the reason that you got fired.

I have found that many times when you are about to get fired, they will start picking on you about your performance and every mistake will be noticed.

This doesn't sound like it should be legal, but legality doesn't matter much these days. Don't know about Washington, but I know employers get away with this junk in Florida all the time. Nobody's perfect, so they can find an excuse to fire anyone. I'd start putting out applications and resumes if I were in your situation- it's best not to work for a company or agency that behaves like this; they'll get to you in the long run.

***edit***
I was thinking, maybe they get away with it because everybody's afraid to challenge them.

How much notice does the Employer need/want, to plan for covering people for time off?

at the beginning of the year. But since this came into play yesterday, within the week for the rest of our unscheduled time.

How many people work where you do? Is it a large company?

I work for a fire district. The office staff is who this consists of and that is about 10 of us. Yet certain people who are office staff did not get the memo. (grrrr) and once the time is scheduled, you cannot change it.

That sounds totally unreasonable! I've never heard of a policy that tough. We are tough where I am, we CAN take an absence, without pay, but it will go into a 12-month revolving accumulation of dings so to speak if it is that day. If it is scheduled and approved, we can use our PTO or not at our choice. Gads, doesn't your work allow a life? I mean, life doesn't just happen on off-work time! Check with your local wage and labor board about all that. It should definitely be a unit-wide policy, not that just YOU got the memo, as that would be discrimatory, unless you (or whomever got that memo) was abusing time off and leaving staff and duties in a pinch a lot.

WA state is more strict compared to some other states - meaning that policy can be overturned. I am from WA state and there seems to be a lot of job protection.

It doesn't sound like that company really wants to keep people.

You should be allowed to go to appts if it is concerning your disability. Do you have an HR department?

If and that is a BIG if, can be proving that the memos were directed at people with health issues, that could be construed as discriminatory. The problem is proving that. I would recommend "setting them up" in writing.....then see a good labor attorney, and you may not need one if the ADA or EEOC takes your side

The ADA covers companies with over 15 employees. If there are only 10 at your company, you may not have that protection.

The ADA covers companies with over 15 employees. If there are only 10 at your company, you may not have that protection.

It sounds like there are 10 in the office. If the people in the field are employees or this is a city firedept, then its possible they would qualify for ADA in the normal sense. If you have over 50 employees within 75 miles then the Family Medical Leave policy comes into play

Remember if you have ADHD that can qualify as a disability and according to the EEOC we can't be discriminated against. One thing companies don't want is to be investigated by a government entity.

So there is this new policy that took affect immediately (yesterday) that states we are no longer allowed to take partial days off (using AL or SL is not allowed unless scheduled at the beginning of the year). We are also no longer allowed to come in early to leave early, or work through lunch to leave early. If we do not comply, we will be fired for insubordination.

Now this all sounds somewhat reasonable, except there is no exceptions for people with disabilities that require going to monthly appointments.

Basically, I'm wondering if this is legal in the U.S., or even in WA state for that matter.

are you allowed to take full days off paid or unpaid? even if you didn't give notice at the beginning of the year?


sounds like you're working for a very unrealistic and unfriendly company. Does this new policy mean that if you have an unexpected illness come up and need to schedule an emergency doctor appointment, you were supposed to have known about that at the beginning of the year in order to take the day to make the appointment?

Or does it mean you'll get fired for needed to seek medical advice within a few days or weeks notice, if you take the day off?

That sounds like a poop policy. Some companies are poop.

Update: After a kind but firm letter regarding my disability and appointments my boss decided that he can't prevent me from going to medically neccessary appointments and apologized for making such a policy. (I had printed the entire text of the ADA and FMLA and was prepared to present the exact text that was applicable) :) He told me that I will be able to use sick leave.

Unfortunately, this ruins my ability to get the unused sick leave bonus. However, at least I don't have to worry about making my appointments.

Great! Congrats!