Working 6 days a week, and have health problems already. What to do?

Question

When I went back to work about 4 months ago I told them that I only wanted 4 days a week. They said it would be no problem. I didn't tell them why because it wasn't important concerning the hiring process. I'm a photographer with a nationally known portrait studio. I told my district manager, who does the schedules, two months ago about my health problems, an immune deficiency requiring infusions every two months, fibromyalgia and beginning stages of multiple sclerosis.

I was promoted to studio manager within a month of being hired, then they started scheduling me for 5 days a week, now I'm working 4 full days and 2 3/4 days a week. I told my DM that I couldn't work that much but she said that I had to because we were so short handed across the area and she didn't have anyone else to work.

This work schedule is making my health get rapidly worse. I was denied for SSD due because of my age not my health as my lawyers said. Do I have any protection under the ADA, and what should I do?

Answer 1

on your application, did you put 4 days? if so, they cannot require you to work more, unless they get it in writing that you agree. if you didnt state that on the application,,,, then you perhaps could use your conversations with them,,,,,,, i would be firm,,,,, tell them due to health reasons you simply cannot work more then 4 days,,,,,,,, if you do not get it resolved, i would contact your home office,,,, explain the problem to them

Answer 2

If this is a health issue, I wouldn't think it would matter if you didn't say anything up front. For all they knew, you thought you were 100% when you took the job.

The key here is not stating these things yourself. You need a doctor's note explaining the situation. The doctor needs to discuss with you what ramifications 4 days, 5 days, or 6 days has on your health and well-being. If you truly can only work 4 days, then so be it.

But, there is a fine line here. If the position you currently fill requires more time or flexibility, they can let you go regardless of your medical condition. (I think there may be a time lapse in there for short term or long term disability). The bottom line is if they need someone "full-time" (assume 40 hours/week), and you can only do 32, they can say you do not fill the requirements for the job. After all, they need to make money to stay in business, right? They could be very nice and just accept the 32 hours...but if they are short-staffed now, it could be a problem.

Start with the doctor's note and see where it goes. That's my advice.

Answer 3

I respect you not wanting to tell your employer why in the beginning...but it is unclear from your question if you have explained to them now why you are only able to work 4 days per week. You are absolutely covered legally from being fired for having an illness and it sounds like it does not interfere with your work. Bottom line is that your health comes first and if your company does not value you enough to respect what you need to stay healthy, I would find a new job fast. Sounds like they think you are a great employee since they promoted you rapidly...if they value you that much and want to keep you I would stand my ground and tell them that you absolutely cannot work over the 4 days per week that you initially had told them you could work...and tell them why! If they won't meet your necessary demands...find a new employer quick that will appreciate you...thankfully on the bright side of all this you are in a profession where there are many portrait studios everywhere so with your experience you should be able to find work easily. Good luck with everything and take care of yourself!

Answer 4

I was just reading that the deficiency of certain vitamins can cause fibromyalgia or chronic fatigue syndrome. Have her take a really good vitamin supplement after breakfast or lunch. Ask her to eat a good balanced diet also.
Fibromyalgia is a recently recognoized disorder that is a common cause of muscoloskeletal pain and fatigue. The symptons include generalized fatigue, chronic headache and sleep disturbance. Magnesium deficiency within the muscle cell may be a factor in the cdevelopment of FibroM. 300 to 600 mg of Magnesium will help.
Aslo three clinical studies show that SAM helped significantly in patients suffering from fFibroM. Two hundred to 400 mg of SAM twice a day is recommended.
All the vitamins should be eaten with a meal since glucose and amino acid molecules are needed for the transportaion. glucose are the product of carbs and amino acids are the building blocks of protein.

Also for Multiple Scelorosis Dr Roy Swank has provided considerable evidence that that a diet low in saturated fats over a long period tends to halt the disease process.
Sat fat intake of no more than 10 grams a day
Daily intake of 40 to 50 grams of polyunsaturated oils (margenine, shortning and hydroginated oils not allowed).
At least one teaspoon of cod liver oil daily.
Normal allowance of protein.
Consumption of fish three or more times daily.
Also to above supplements also increase Vitamin C to 500 to 1000 mg daily.
Vitamin E to 400 to 800 mg daily.
Flax seed oil to 1 or 2 TBS.
Methylcobalamine( active vitamin B12) 1000 micrograms daily.
Pancreatin 350 to 700 mg three times daily between meals.